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HomeMy WebLinkAboutLL #14 2018 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M CUOMO 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 RoSSANA RoSADO WWW DOS NY GOV SECRETARY OF STATE January 11, 2019 RECEIVED Lynda M Rudder Office Of the Town Clerk JAN 2 2 2019 Town of Southold 53095 Main Rd PO Box 1179 Southold Town Clerk Southold NY 11971 RE: Town of Southold, Local Law #14 2018, filed on 12/27/2018 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 473-2492 NElIVYORK Department STATE OF OPPORTUNITY. of State VVISTOMER ISE•A • G��yqq yc FROM:(PLEASE PRINT) PHONE( 6.C)-1 �d�1�� I I�IIIII IIT IIII II��I VIII VIII VIII VIII VIII III�I IIID III IIIII�II II III Southold Town Clerk — EE 186316413 US Town of Southold -PO Box 1179 53095 Main Road UNITEDST13 ES PRIORITY Southold, NY 11971 �POSML SERVICE® EXPR�ESSTM PAYMENT BY ACCOUNT(it applicable) ORIGIN(POSTAL SERVICE USE ONLY) USPS®Corporate Acct No Federal Agency Acct No or Postal Service'"Acct No 1-Day F]2-Day E]Military ❑DPO 11929'$ PD P—Code Scheduled Delivery Date Postage DELIVERY OPTIONS Only) (MM DDm) ❑SIGNATURE REQUIRED Note The mailer must check the"Signature Required"box If the mailer 1) ^ $ Requires the addressee's signature,OR 2)Purchases additional Insurance,OR 3)Purchases COD service,OR 4) Purchases Return Receipt service If the box Is not checked,the Postal Service will leave the item in the addressee's 6AAccevted(MMOPNY), Schedu ed elivery Time insure a Fee COD Fee mail receptacle or other secure locadon without attempting to obtain the addressee's signature on delivery DeliveryOptions ❑10 30 AM 12 NOON ❑3 00 PM $ $ ❑No Satrday Delivery(delivered next business day) ❑Sunday'/Holiday Delivery Required(additional fee,where available-) ❑10 30 AM Delivery Required(additional fee,where available') Turh kc5cepled 10 30 AM Delivery Fee (Return Receipt Fee Live Animal 'Refer to USPS come or local Post Office"for availability ❑AM Transportation Fee M �TOCPLFASE PRINT) PHONE( ) $ $ $ , ,NYS Department of State Special Hand ragile Sunday/Holiday Prerruum Fee Total Postage B Fees state Records & taw Bureau $ $ One Commerce Plaza weightpat Rate Acceptance Employee Initials lbs 99 Washington Avenue . r � $ Albany, NY , 12231 DELIVERY(POSTAL oza .;ZIP+4°(US ADDRESSES ONLY) Delivery Attempt(MMIDD/YY) Time Employee Signature J ❑AM =1 7 — ❑PM ! For pickup or USPS Tracking",visit USPS corn or call 800-222-1811. Delivery Attempt(MM/DD/YY)Time Employee Signature ■'$100.00 Insurance Included. El AM ❑PM LABEL 11-B,OCTOBER 2016 PSN 7690-02-000-9996 2-CUSTOMER COPY �SUFFOL,� ELIZABETH A. NEVILLE, MMC y0 C Town Hall, 53095 Main Road- TOWN CLERK P.O. Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,y ��. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��l �`1 www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 21, 2018 Priority Mail Express E E 18 6 316 413 U S RE: Local Law No. 14 of 2018 Town of Southold, Suffolk County New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Sir/Madam: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 14 of 2018 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY,NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City 2 Town of SOUTHOLD ❑ Village Local Law No. 14 of the year 2018 . A Local Law entitled, A Local Law in relation to Rental Permits Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I. A new Chapter 207 of the Code of the Town of Southold, A Local Law entitled, "A Local Law in relation to Rental Permits" § 207-1 Legislative intent. A. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code, Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and 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 Town will be enhanced by enactment of the regulations set forth in this chapter. B. Nothing herein shall be interpreted to supersede any requirements contained in Chapter 280, Chapter 100 or any other chapter of the Town Code of the Town of Southold. § 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239(Rev 05/05) 1 CODE ENFORCEMENT OFFICIAL - The official who is charged by the Town Board with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a New York State Code Enforcement Official; Code Enforcement Officer. DWELLING - A building designed exclusively for residential purposes. DWELLING, MULTIPLE-FAMILY - A building, other than an apartment house, designed for and occupied as a residence by three or more families living independently of each other. DWELLING, ONE-FAMILY - A detached building designed for and occupied exclusively as a home or residence by not more than one family. DWELLING, TWO-FAMILY - A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other. DWELLING UNIT - A single unit within a building or structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. IMMEDIATE FAMILY - The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER - Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises, with or without accompanying actual possession thereof, or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. RENT - A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT - A dwelling unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY - The 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. RENTAL OCCUPANCY PERMIT - A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. 2 Fees. Rental Rental Permit fees shall be set by the Town Board by resolution. §207-4 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. §207-5 Inspections. A. No permit shall be issued under any application unless the rental dwelling unit has a valid Certificate of Occupancy or Pre-Certificate of Occupancy. B. The Code Enforcement Official is authorized to make or cause to be made inspections, to determine the condition of dwellings and to safeguard the health, safety, and welfare of the public. The Code Enforcement Official or his designated representative is authorized to enter the subject premises upon the consent of the owner. C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. D. Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court-ordered inspection. E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable. §207-6 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. §207-7 Rental permit required. A. It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental permit from the Code Enforcement Official. (1) It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subject premises, as defined in this chapter. B. Rental permit application requirements. (1) Rental permit applications shall be in writing on a form provided by the Town and shall include the owner's name, address and telephone number. (2) Rental permits applications shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included (3) Rental permits applications shall include the maximum number of persons that are being requested to occupy the rental dwelling unit. (4) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand this Chapter of the Southold Town Code. (5) All applicants must submit the following documents: 3 (a) Copies of all certificates of occupancy and/or pre-certificates of occupancy for the rental dwelling unit; (b) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Code Enforcement Official of any change of address submitted pursuant to this section within five business days of any change thereto, and ; (c) Inspection report. The owner of the rental dwelling unit shall: (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his designee employed by the Town of Southold, or (2) provide to the Code Enforcement Official an inspection report, on a form provided by the Town, signed by either a New York State licensed professional engineer,New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. (6) Each application shall be executed and sworn to by the owner of the premises. (7) All rental properties containing eight or more rental units shall provide for a designated site manager, who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address, telephone number and other contact information with the Code Enforcement Official within five days of the designation of the manager or any changes thereto. C. Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility licensed under federal,New York State or Suffolk County guidelines. D. Renewal of rental permits. (1) A renewal rental permit application signed by the owner shall be completed and filed with the Code Enforcement Official at least 90 days prior to the expiration date of any valid rental permit. A renewal rental permit application shall contain a copy of the prior rental permit. (2) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises pursuant to 207-7 B(5c) above. (3) The Town of Southold shall not accept, review or approve any renewal rental application for a rental dwelling unit dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed, the owner must file a new application. §207-9 Revocation of permit. A. The Code Enforcement Official may revoke a rental occupancy permit where he or she finds that 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 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B. An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health 4 and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. C. Any permit holder that takes an appeal to the Town Board from the revocation of a rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk with the written request for the appeal. §207-10 Broker's/Agent's responsibility. A. Broker's/Agent's responsibility prior to listing. No Real Estate Broker or agent shall list or otherwise advertise, or offer for lease any rental dwelling unit for which a current rental permit has not been issued by the Code Enforcement Official. §207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. §207-12 Penalties for offenses. A. Any person, association, firm or corporation that violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine not less than $500 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. C. This section is enacted pursuant to Municipal Home Rule Law § I0(l)(ii) a(9-a) and § 10(l)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is intended to supersede Town Law § 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. §207-13 Implementation. II. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment. fll. Effective Date. This chapter shall be effective upon filing with the Secretary of State. However, in order to afford property owners a sufficient amount of time to apply for and obtain a rental permit as set forth herein, no violation of this chapter will be charged prior to August 1, 2019 and no violation for failure to obtain a permit shall be issued to a person or entity that: A. Has filed the necessary application in proper form with all required information and attachments on or before August 1, 2019, and; B. Has not received a final determination on the application on the application for reasons over which the applicant has no control. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 5 1: (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 14 of 20 18 . of the (€uuu"-) (Town) )of SOUTHOLD was duly passed by the TOWN BOARD on December 20 , 20 18 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village) of was duly passed by the on 20 , and was(approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval)by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or, If there be none, the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on 20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) 6 I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law , and was finally adopted in the manner indicated in paragraph 1 , above. 0.&!.Z&t ma Clerk of the County legislative body. City. Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: December 20,2018 (Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK 1,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto ) Signature William Duffy,Town Attorney Damon Hagan,Assistant Town Attorney Title Gity Town of SOUTHOLD Date: December 20,2018 Southold Town Board - Letter Board Meeting of December 18, 2018 RESOLUTION 2018-1045 Item # 5.4 ADOPTED DOC ID: 14608 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-1045 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18, 2018: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 25`h day of September, 2018, a Local Law entitled "A Local Law in relation to Rental Permits" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Rental Permits"reads as follows: LOCAL LAW NO.042018 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 207 of the Code of the Town of Southold, A Local Law entitled, "A Local Law in relation to Rental Permits" 4 207-1 Leltislative intent. A. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arisiniz from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and BuildinjZ Code, Buildinp. Rehabilitation Code, Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and 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 Town will be enhanced by enactment of the regulations set forth in this chapter. Generated December 18, 2018 Page 15 Southold Town Board - Letter Board Meeting of December 18, 2018 3 B Nothing herein shall be interpreted to supersede any requirements contained in Chapter 280, Chapter 100 or any other chapter of the Town Code of the Town of Southold. & 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICIAL -The official who is charged by the Town Board with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector, Principal Buildinp,Inspector, Senior Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal,Fire Marshal I, Fire Marshal II, Chief Fire Marshal,Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a New York State Code Enforcement Official; Code Enforcement Officer. DWELLING -A building designed exclusively for residential purposes. DWELLING, MULTIPLE-FAMILY - A building, other than an apartment house, designed for and occupied as a residence by three or more families living independently of each other. DWELLING, ONE-FAMILY -A detached building designed for and occupied exclusively as a home or residence by not more than one family. DWELLING, TWO-FAMILY - A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other. DWELLING UNIT -A single unit within a building or structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. , IMMEDIATE FAMILY -The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises,with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator*, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. Generated December 18, 2018 Page 16 Southold Town Board - Letter Board Meeting of December 18, 2018 RENT - A return, in money, property or other valuable consideration (including, payment in kind or for services or other thing, of value), for use and occupancy or the right to use and occupancy of a dwelling, unit,whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT -A dwelling, unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY - The 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. RENTAL OCCUPANCY PERMIT - A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. § 207-3 Fees. Rental Permit fees shall be set by the Town Board by resolution. $207-4 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building, Code. 4207-5 Inspections. A No permit shall be issued under any application unless the rental dwelling unit has a valid Certificate of Occupancy or Pre-Certificate of Occupancy. B The Code Enforcement Official is authorized to make or cause to be made inspections, to determine the condition of dwellings and to safeguard the health, safety, and welfare of the public. The Code Enforcement Official or his designated representative is authorized to enter the subject premises upon the consent of the owner. C Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. D Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court- ordered inspection. E Presumption of rent. Any dwelling, dwelling, unit, rooming, house, rooming, unit or any Generated December 18, 2018 Page 17 Southold Town Board - Letter Board Meeting of December 18, 2018 other premises subject to this chapter shall be presumed to be rented for a fee and_a charge made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable. &207-6 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. &207-7 Rental permit required. A It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental permit from the Code Enforcement Official. (1) It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subject premises, as defined in this chapter. B. Rental permit application requirements. (1) Rental permit applications shall be in writing on a form provided by the Town and shall include the owner's name, address and telephone number. (2) Rental permits applications shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included (3) Rental permits applications shall include the maximum number of persons that are beinjZ requested to occupy the rental dwelling unit. (4) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand this Chapter of the Southold Town Code. (5) All applicants must submit the following documents: (a) Copies of all certificates of occupancy and/or pre-certificates of occupancy for the rental dwelling unit; (b) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Code Enforcement Official of any change of address submitted pursuant to this section within five business days of any change thereto, and ; (c) Inspection report. The owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his designee employed by the Town of Southold, or (2) provide to the Generated December 18, 2018 Page 18 Southold Town Board - Letter Board Meeting of December 18, 2018 Code Enforcement Official an inspection report, on a form provided by the Town, sil4ned by either a New York State licensed professional engineer,New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code_ certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. (6) Each application shall be executed and sworn to by the owner of the premises. (7) All rental properties containing eight or more rental units shall provide for a designated site manager,who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address, telephone number and other contact information with the Code Enforcement Official within five days of the designation of the manager or any changes thereto. C. Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility licensed under federal,New York State or Suffolk County guidelines. D. Renewal of rental permits. (1) A renewal rental permit application signed by the owner shall be completed and filed with the Code Enforcement Official at least 90 days prior to the expiration date of any valid rental permit. A renewal rental permit application shall contain a copy of the prior rental permit. (2) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises pursuant to 207-7 B(Sc) above. (3) The Town of Southold shall not accept, review or approve any renewal rental application for a rental dwelling unit dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed, the owner must file a new application. X207-9 Revocation of permit. A. The Code Enforcement Official may revoke a rental occupancy permit where he or she finds that 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 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B. An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request Generated December 18; 2018 Page 19 Southold Town Board - Letter Board Meeting of December 18, 2018 of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. C. Any permit holder that takes an appeal to the Town Board from the revocation of a rental permit shall be required to pay an administrative fee$200.00 to the Town Clerk with the written request for the appeal. §207-10 Broker's/Agent's responsibility. A. Broker's/Agent's responsibility prior to listing. No Real Estate Broker or agent shall list or otherwise advertise, or offer for lease any rental dwelling unit for which a current rental permit has not been issued by the Code Enforcement Official. §207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. 4207-12 Penalties for offenses. A. Any person, association, firm or corporation that violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine not less than $500 and not exceeding$5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii) a(9-a) and 10(1)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is intended to supersede Town Law § 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. §207-13 Implementation. II. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment. Generated December 18; 2018 Page 20 r r Southold Town Board - Letter Board Meeting of December 18, 2018 I11. Effective Date. This chapter shall be effective upon filing with the Secretary of State. However, in order to afford property owners a sufficient amount of time to apply for and obtain a rental permit as set forth herein, no violation of this chapter will be charged prior to August 1,2019 and no violation for failure to obtain a permit shall be issued to a person or entity that: A. Has filed the necessary application in proper form with all required information and attachments on or before August 1, 2019, and; B. Has not received a final determination on the application on the application for reasons over which the applicant has no control. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated December 18, 2018 Page 21 Southold Town Board - Letter Board Meeting of December 4, 2018 RESOLUTION 2018-990 Item # 5.3 TABLED DOC ID: 14608 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-990 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 4, 2018: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 25`h day of September, 2018, a Local Law entitled "A Local Law in relation to Rental Permits" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Rental Permits" reads as follows: LOCAL LAW NO. 2018 BE IT ENACTED by the Town Board of the Town of Southold as follows: I_ A new Chapter 207 of the Code of the Town of Southold, A Local Law entitled, "A Local Law in relation to Rental Permits" 4 207-1 Legislative intent. A. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code, Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and 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 Town will be enhanced by enactment of the regulations set forth in this chapter. Generated December 4, 2018 Page 8 Southold Town Board - Letter Board Meeting of December 4, 2018 B Nothing herein shall be interpreted to supersede any requirements contained in Chapter 280, Chapter 100 or any other chapter of the Town Code of the Town of Southold. $ 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICIAL - The official who is charged by the Town Board with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector,Principal Building Inspector, Senior Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal Fire Marshal I Fire Marshal II Chief Fire Marshal Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a New York State Code Enforcement Official; Code Enforcement Officer. DWELLING A building designed exclusively for residential purposes. DWELLING, MULTIPLE FAMILY -A building, other than an apartment house, designed for and occupied as a residence by three or more families living independently of each other. DWELLING, ONE FAMILY A detached building designed for and occupied_exclusively as a home or residence by not more than one family. DWELLING, TWO-FAMILY A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other. DWELLING UNIT A single unit within a building or structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. IMMEDIATE FAMILY The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises,with or without accompanying actual possession thereof, or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution regardless of how such possession. title or control was obtained. Generated December 4, 2018 Page 9 Southold Town Board - Letter Board Meeting of December 4, 2018 RENT -A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit,whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT - A dwelling unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY - The 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. RENTAL OCCUPANCY PERMIT - A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. 207-3 Fees. Rental Permit fees shall be set by the Town Board by resolution. 4207-4 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. 4207-5 Inspections. A No permit shall be issued under any application unless the rental dwelling unit has a valid Certificate of Occupancy or Pre-Certificate of Occupancy. B The Code Enforcement Official is authorized to make or cause to be made inspections, to determine the condition of dwellings and to safeguard the health, safety, and welfare of the public The Code Enforcement Official or his designated representative is authorized to enter the subiect premises upon the consent of the owner. C Search without warrant restricted Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subiect to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. D Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court- ordered inspection. E Presumption of rent Any dwelling, dwelling unit, rooming house, rooming unit or any Generated December 4, 2018 Page 10 Southold Town Board - Letter Board Meeting of December 4, 2018 other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable. 4207-6 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. 4207-7 Rental permit required. A It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental permit from the Code Enforcement Official. 1 It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subject premises, as defined in this chapter. B Rental permit application requirements. (1) Rental permit applications shall be in writing on a form provided by the Town and shall include the owner's name, address and telephone number. (2) Rental permits applications shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included The name, address and telephone number,if any, of the managing agent or operator of each such intended rental dwelling unit shall be included (3) Rental permits applications shall include the maximum number of persons that are being requested to occupy the rental dwelling unit. (4) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand this Chapter of the Southold Town Code. (5) All applicants must submit the following documents: (a) Copies of all certificates of occupancy and/or pre-certificates of occupancy for the rental dwelling unit; (b) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules The owner shall notify the Code Enforcement Official of any change of address submitted pursuant to this section within five business days of any change thereto, and ; (c) Inspection report The owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his designee employed by the Town of Southold, or (2) provide to the Generated December 4, 2018 Page 11 Southold Town Board - Letter Board Meeting of December 4, 2018 Code Enforcement Official an inspection report, on a form provided by the Town, signed by either a New York State licensed professional engineer, New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. (6) Each application shall be executed and sworn to by the owner of the premises. (7) All rental properties containing eight or more rental units shall provide for a designated site manager,who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address telephone number and other contact information with the Code Enforcement Official within five days of the designation of the manager or any changes thereto. C Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility licensed under federal, New York State or Suffolk County guidelines. D. Renewal of rental permits. (1) A renewal rental permit application signed by the owner shall be completed and filed with the Code Enforcement Official at least 90 days prior to the expiration date of any valid rental permit A renewal rental permit application shall contain a copy of the prior rental permit. (2) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises pursuant to 207-7 B(50 above. (3) The Town of Southold shall not accept, review or approve any renewal rental application for a rental dwelling unit dwellings wherein the prior rental permit expiration date has passed If the expiration date has passed, the owner must file a new application. §207-9 Revocation of permit. A The Code Enforcement Official may revoke a rental occupancy permit where he or she finds that 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 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request Generated December 4, 2018 Page 12 Southold Town Board - Letter Board Meeting of December 4, 2018 of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. C Any permit holder that takes an appeal to the Town Board from the revocation of a rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk with the written request for the appeal. &207-10 Broker's/Agent's responsibility. A Broker's/Agent's responsibility prior to listing No Real Estate Broker or agent shall list or otherwise advertise, or offer for lease any rental dwelling unit for which a current rental permit has not been issued by the Code Enforcement Official. $207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. §207-12 Penalties for offenses. A Any person, association, firm or corporation that violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation punishable• (1) By a fine not less than $500 and not exceeding$5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B Each week's continued violation shall constitute a separate additional violation. C This section is enacted pursuant to Municipal Home Rule Law & 10(1)(ii) a(9-a) and § 10(1)(u)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is intended to supersede Town Law � 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. $207-13 Implementation. II. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment. Generated December 4, 2018 Page 13 J Southold Town Board - Letter Board Meeting of December 4, 2018 III. Effective Date. This chapter shall be effective upon filing,with the Secretary of State. However, in order to afford property owners a sufficient amount of time to apply for and obtain a rental permit as set forth herein, no violation of this chapter will be charged prior to August 1, 2019 and no violation for failure to obtain a permit shall be issued to a person or entity that: A. Has filed the necessary application in proper form with all required information and attachments on or before August 1, 2019, and; B. Has not received a final determination on the application on the application for reasons over which the applicant has no control. Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 12/18/2018 4:30 PM MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty Generated December 4, 2018 Page 14 SOUTHOLD TOWN BOARD PUBLIC HEARING October 23, 2018 7:31 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney William Duffy This hearing was opened at 8:20 PM COUNCILMAN GHOSIO: WHEREAS, there has been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 25t day of September, 2018, a Local Law entitled "A Local Law in relation to Rental Permits" now, therefore, be it RESOLVED, that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 23`d day of October at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Rental Permits" reads as follows: LOCAL LAW NO. 2018 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 207 of the Code of the Town of Southold, A Local Law entitled, "A Local Law in relation to Rental Permits" § 207-1 Legislative intent. A. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code, Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings Public Hearing-Rental Permits October 23, 2018 page 2 are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and 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 Town will be enhanced by enactment of the regulations set forth in this chapter. B. Nothing herein shall be interpreted to supersede any requirements contained in Chapter 280, Chapter 100 or any other chapter of the Town Code of the Town of Southold. § 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICIAL - The official who is charged by the Town Board with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal,Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a New York State Code Enforcement Official; Code Enforcement Officer. DWELLING -A building designed exclusively for residential purposes. DWELLING, MULTIPLE-FAMILY - A building, other than an apartment house, designed for and occupied as a residence by three or more families living independently of each other. DWELLING, ONE-FAMILY -A detached building designed for and occupied exclusively as a home or residence by not more than one family. DWELLING, TWO-FAMILY -A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other. DWELLING UNIT - A single unit within a building or structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Public Hearing-Rental Permits October 23, 2018 page 3 IMMEDIATE FAMILY - The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER- Any person, partnership, corporation or other entity who, alone or iointly with others, shall have legal title to any premises,with or without accompanying actual possession thereof, or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. RENT - A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit,whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT - A dwelling unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY - The 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. RENTAL OCCUPANCY PERMIT - A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. 207-3 Fees. Rental Permit fees shall be set by the Town Board by resolution. X2074 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. &207-5 Inspections. A. No permit shall be issued under any application unless the rental dwelling unit has a valid Certificate of Occupancy or Pre-Certificate of Occupancy. B. The Code Enforcement Official 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 Code Enforcement Official or his designated representative is authorized to enter the subiect premises upon the consent of the owner. C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Public Hearing-Rental Permits October 23, 2018 page 4 Enforcement Official or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. D. Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court- ordered inspection. E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable. 4207-6 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. X2074 Rental permit required. A. It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental permit from the Code Enforcement Official. (1) It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subiect premises, as defined in this chapter. B. Rental permit application requirements. (1) Rental permit applications shall be in writing on a form provided by the Town and shall include the owner's name, address and telephone number. (2) Rental permits applications shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included (3) Rental permits applications shall include the maximum number of persons that are being requested to occupy the rental dwelling unit. (4) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand this Chapter of the Southold Town Code. (5) All applicants must submit the following documents: (a) Copies of all certificates of occupancy and/or pre-certificates of occupancy for the rental dwelling unit; (b) An affidavit setting forth the address to be used as the last known Public Hearing-Rental Permits October 23, 2018 page 5 address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Code Enforcement Official of any change of address submitted pursuant to this section within five business days of any change thereto, and ; (c) Inspection report. The owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his designee employed by the Town of Southold, or (2) provide to the Code Enforcement Official an inspection report, on a form provided by the Town, signed by either a New York State licensed professional engineer, New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. (6) Each application shall be executed and sworn to by the owner of the premises. (7) All rental properties containing eight or more rental units shall provide for a designated site manager,who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address, telephone number and other contact information with the Code Enforcement Official within five days of the designation of the manager or any changes thereto. C. Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility licensed under federal, New York State or Suffolk County guidelines. D. Renewal of rental permits. (1) A renewal rental permit application signed by the owner shall be completed and filed with the Code Enforcement Official at least 90 days prior to the expiration date of any valid rental permit. A renewal rental permit application shall contain a copy of the prior rental permit. (2) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises pursuant to 207-7 B(2) above. (3) The Town of Southold shall not accept, review or approve any renewal rental application for a rental dwelling unit dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed, the owner must file a new application. §207-9 Revocation of permit. A. The Code Enforcement Official may revoke a rental occupancy permit where he or she finds that 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 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Public Hearing-Rental Permits October 23, 2018 page 6 Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B. An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. C. Any permit holder that takes an appeal to the Town Board from the revocation of a rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk with the written request for the appeal. 4207-10 Broker's/Agent's responsibility. A. Broker's/Agent's responsibility prior to listing. No Real Estate Broker or agent shall list or otherwise advertise, or offer for lease any rental dwelling unit for which a current rental permit has not been issued by the Code Enforcement Official. 4207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. 4207-12 Penalties for offenses. A. Any person, association, firm or corporation that violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine not less than $500 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation C. This section is enacted pursuant to Municipal Home Rule Law 10(1)(ii) a(9-a) and $ 10(1)(ii)d(3) and pursuant to & 10(5) of the Statute of Local Governments, and is intended to supersede Town Law $ 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein Public Hearing-Rental Permits October 23, 2018 page 7 §207-13 Implementation. II. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent iurisdiction to be invalid, such iudgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment. III. Effective Date. This chapter shall be effective upon filing with the Secretary of State. However, in order to afford property owners a sufficient amount of time to apply for and obtain a rental permit as set forth herein, no violation of this chapter will be charged prior to August 1, 2019 and no violation for failure to obtain a permit shall be issued to a person or entity that: A. Has filed the necessary application in proper form with all required information and attachments on or before August 1, 2019, and; B. Has not received a final determination on the application on the application for reasons over which the applicant has no control. I do have a signed affidavit that this was published in the Suffolk Times and also that this was posted by the Town Clerk on the Town Clerk's bulletin board and on the town website. That's it. COUNCILWOMAN DOHERTY: Scott,just before we ask, I just have a, as many of you know, there have been many changes and I have a couple of scribner's errors that we made some changes but they did not make the agenda. On 2077 D, it talks about renewal of rental permits and under 2, we say pursuant to 2077 B 2, it should be 2077 B 5 C and then also, where it says 2079 that should be 8 and where it says 20710 that should be 9, so just a couple of little tweaks. SUPERVISOR RUSSELL: Alright, I am going to ask would anybody like to address the Town Board on this local law? Pat? PATRICIA MOORE: Thank you for the opportunity to address this law, thank you for those corrections, I have them in my notes and glad that that was resolved. I will just go through as I made the changes, in your definitions, I would suggest that you include also definition certificate of occupancy or pre-CO and provide for a presumption of compliance with all applicable housing, sanitary, building, electrical and fire code rules and regulations. My biggest concern is when you are asking the professionals or these licensing entities, whoever they may be, to do a certification, most, they are all going to be looking for the certificate of occupancy. The C of O is proof that building complies and we want to have that presumption in there because if you buy a house and it has a C of O to the extent possible, you check to make sure the building department records are all properly documented but you have no way of knowing with regard to health department and other codes that are referenced in your law but are outside of our ability to Public Hearing-Rental Permits October 23, 2018 page 8 FOIL it or investigate, so I would want to have the CO or the pre-CO to provide that presumption, when you go and get your CO or pre-CO at the time that that was issued it met all of the requirements of that day. And I think that that's what is intended by this law, making sure that you have a legal and safe house and if you have all the CO's, that should cover it. so you need to put it in somewhere and I put it in under definitions, so that presumption could be listed somewhere in your code. Paragraph 207-7, the rental permit requirement, just going by as I make the changes, you say it shall be unlawful for any rental occupancy to exist in any dwelling without the owners first having obtained a rental permit from the code enforcement official, well, you have defined dwelling one way but I think what you really mean is dwelling unit because the dwelling applies to the house but the dwelling unit may be a part of the house or some other building, so I think what you are intending is dwelling unit rather than the generically dwelling. I think I just needed clarification if that wasn't the intent but I am assuming that was your intent. Then with respect to, again, 207-7, the rental permit required, where you say notwithstanding the above, no rental occupancy permit shall be required for, and you identify residential care facility licensed under federal, state or Suffolk county guidelines, perfect, that's fine but I think you have left out some other entities that I don't think require rental permits and that would be motel/hotel, resort residential units, B & B's and I would ask you to also consider adding local, state or federal programs with inspections so you may have under your town affordable program somebody who is renting and your own program provides for inspections. You also have section 8 tenants or other type of program you can't really discriminate or I was told identify with respect to income but identify what, the language I use is really to identify a section 8 tenant for example that has, in order to be eligible, well one, they are income eligible but two, section 8 or other housing authority, Greenport or other housing authorities will do inspections and you have to comply with that inspection program. So the federal government, HUD programs, have their own inspection criteria and again, if you are not trying to hurt affordable housing by this law, at least give a credit or an exemption of this law for programs that are already both, have a regulatory scheme already provided for. I think there was a misunderstanding or misnomer that section 8 is a terrible rental situation but in fact, it is not only income based but the units themselves have to be, have to meet certain safety criteria. So they are all inspected and there is documentation of that inspection. So it is provided for and again, I would ask you to put your money where your mouth is as far as supporting affordables, include those two programs in the exemptions and again, I think, when I went looking at the code with respect to hotel/motel, well B & B, I think you forgot to list it there although they have their own rental program or rental permit with the B & B law and I don't know if this is to supersede this one or we just don't want to have duplication, so you just want to confirm, is this superseding the rental code that is identified in the B & B law. But hotel/motel and resort residential like Cliffside, they operate as a hotel and my memory and looking at the definitions, hotel/motel and resort residential is actually specifically identified as not being a dwelling, it's kind of a negative. It is not considered a dwelling because obviously if it was a dwelling you could live there year round and hotel/motel, resort residential have time limitations. So I think, you know, I don't want to have to guess or in advising clients I don't want to have to guess whether this law intended to include or not include it, let's be clear. The other thing that seemed to be missing from this and I don't know if it was just an oversight or maybe clarification is needed, the transfer of permits, you may have, a permit is issued for two years, during that two year period you may have a death, heirship, sale, whatever the case may be and you have a tenant in there, you want to make sure that those permits are transferable. You have a provision that if you change your address, you Public Hearing-Rental Permits October 23, 2018 page 9 have to notify code enforcement but you don't have any provision if there is a sale, transfer, change of ownership for whatever reason, a gift. There is no provision for that. So a transfer of a permit really should be addressed here and it shouldn't be a bureaucratic process, if there is a current permit that has been issued, it should be a very straight forward, seamless transfer. They have already gone through the inspection and the fees and everything else. It's just making sure that we don't have some lack of continuation on these permits. Finally, not specifically on the language but I just want to be clear, if you are intending to regulate rental permits regardless of the zoning, so if you have a commercial zoning district, business, mixed use, occupancy, whatever the case may be, are you intending regardless of the commercial zoning district, if it is rented you have to get a permit. That's the way I am reading it and I just need clarification that's the intent. SUPERVISOR RUSSELL: I can't speak for the Board, I would assume that is the intent but... MS. MOORE: Put it this way, clarify (inaudible) COUNCILWOMAN DOHERTY: You said, sorry, because I was writing... MS. MOORE: Oh, I actually was going to give you my notes, so that way you will see where I was making... COUNCILWOMAN DOHERTY: So you want a clarification if it's for a residential properties? MS. MOORE: Well, the way you defined the permitting process, if you have a rental unit, regardless of the zoning district it is in, you get a rental permit. That's the way I am reading it, you haven't created a tiering or an exception based on the zoning classification you are in... COUNCILWOMAN DOHERTY: This is for residential purposes. COUNCILMAN GHOSIO: Inaudible. MS. MOORE: Inaudible. SUPERVISOR RUSSELL: It's based on use. Not zoning. COUNCILWOMAN DOHERTY: That's why I was confused with the question, because it's for residential purposes. MS. MOORE: That's how I was reading it, I just want to make sure that there... COUNCILWOMAN DOHERTY: Well, it says dwelling, you know, building design exclusively for residential purposes and that's how we say it through the code. MS. MOORE: Well, that's the interesting thing, when you read it very carefully because 1, Tom and I were debating it. a dwelling exclusively used or however you, exclusively used for residential purposes. that's the confusion because you have a commercial building that may have Public Hearing-Rental Permits October 23, 2018 page 10 an apartment or a residential use, so you don't have a structure or a dwelling, not a dwelling, a structure that is exclusively used for residential, that seems to imply a dwelling or a house. So that's where there was a little bit of clarification that was needed. SUPERVISOR RUSSELL: Actually, I think you might have clarified that for us. To make the correction to 207-7, it shall be unlawful for any rental occupancy to exist in any dwelling unit... MS. MOORE: Dwelling unit, exactly. SUPERVISOR RUSSELL: And therefore it would include any dwelling unit, built for residential purposes such as apartments over stores. MS. MOORE: Yes, that's how I cleaned it up. SUPERVISOR RUSSELL: You cleaned it up for me, thank you. MS. MOORE: You are welcome. I am not all bad, I will clean it up so it's clear. I am going to give my notes to the Town Clerk. COUNCILWOMAN DOHERTY: Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? JOHN MCDONALD: My name is John McDonald, I was a police officer for 27 years, I worked in many units, narcotics, vice, homicide and I read this law and it almost to me struck me as like, almost like a misdemeanor or felony that is taking place. And with the idea of getting a search warrant, I don't know how many of you have ever executed search warrants but I have numerous times, you have to go before a judge, it was (inaudible), there has to be observation, there's all this thing that has to take place before the judge is going to allow you to execute a search warrant. And I read in this law here and my concern is this, out here in Southold or on the east end, you have a vast amount of people leaving here because they can't afford to live here. In fact, in the paper there is a loss of people on New York State and Long Island because of the high taxes. In fact, us, New Jersey and Connecticut are one of the highest taxed areas. So now you are saying, how do you keep your children here? I have got five, I've got nine grandchildren and you want to keep them here, well, how do you keep them here to save, say if a house costs $400,000 it takes 20%, that's $80,000 that you have got to put down. Now with the new millennials coming on and everything like that, in fact, throughout the United States there's more construction being made for multiple families or family living together because they can't afford to buy a house today. My feeling was, they said here rent or money when you are a rental and they said it's considered a return on money, property or other valuable consideration includes payment in kind of service or other thing of value for you occupying a place, okay, so what they are saying, if you have somebody, a child or somebody that wants to stay in Long Island and not move to another state, well, you are saying if you are giving him a free rent, is that service? That's what you are saying here, other service or value? It's not clarified, so I am saying, wait a minute, does service mean I am allowing somebody to be in a place that complies with all of the Public Hearing-Rental Permits October 23, 2018 page 11 laws of this thing here but on the same token, he is a person that wants to save money to maybe stay in Long Island. That's what my thing is and I think that what the problem is, they are driving all young people off the island. That's my thing and the idea of getting a search warrant, they make it sound like it's some kind of criminal act. SUPERVISOR RUSSELL: Let me just clarify, first of all, that wording with reference to a warrant, what this law states is what the actual facts are now. You are right, it's exceedingly difficult to get a search warrant under current circumstances, after this law would be passed, if it is passed, it's the same difficultly. This doesn't negate any of that. It doesn't give you a streamlined process to a search warrant, it doesn't compel anyone from the town to get a search warrant, in fact, quite the opposite. It makes it clear that we can't inspect without the permission of the owner. And with regard to the child, families would be excluded from the rental permit. So if it's a family member, you would not be required to get a rental permit. You would have to establish that they are a family member but they wouldn't be required. Also, let me point out with regard to affordable apartments, I agree with everything you said with regard to kids, they need to bring them home, we need to keep them here and then figure out how to get them meaningful employment. Southold Town is undertaken, over the past six or seven years, we've made the creation of accessory apartments more permissive than it's ever been in the history of Southold Town. So we are trying to promote them. This legislation if meant to address a different problem, maybe somewhat related but ..... MR. MCDONALD: Inaudible. In the City of New York, when they had a complaint it became a police thing, someone would complain, there's something going on constantly and it became a police thing and then, when 42"d Street was going wild, what they did is they enacted where you are running a type of wild sex shows or whatever they were doing, you would get a, and they would close them down for violating the law. We are talking about Airbnb here that has in constant rental and the people are annoyed, I understand that, that's a legitimate concern. But then it becomes a police matter in my opinion. SUPERVISOR RUSSELL: Thank you. COUNCILWOMAN DOHERTY: Thank you. ANNE MURRAY: Anne Murray from East Marion. I just wanted to know, is the Town Board prepared to vote on this tonight or do you have to reprint the corrections? I am just curious. COUNCILWOMAN DOHERTY: Most likely we will not vote on it tonight, because we have a lot of people here and we want to consider all... MS. MURRAY: So you are going to have a 4`h public hearing, possibly? COUNCILWOMAN DOHERTY: It's too early to tell. SUPERVISOR RUSSELL: We are going to wait until we get all the testimony the public. I haven't heard anything yet even suggestions, certainly with the scriveners errors that Jill had Public Hearing-Rental Permits October 23, 2018 page 12 highlighted, even adding the word unit after dwelling, I don't think that's substantial enough to require a new public hearing. You do not have to re-notice. JUSTICE EVANS: But we had some other comments that we have to consider. MS. MURRAY: I understand. SUPERVISOR RUSSELL: But again, so far we haven't heard anything that would require redrafting and re, public hearing. MS. MURRAY: Okay, well I would just like to say that I am very glad that you are having another public hearing, I hope that you don't have another one after this and I would urge the Board to vote on this because it's been, how many years, Jill? Two maybe that you have been working on this and I give you a lot of credit for putting it together. I think we do need it and I think one of the problems of the lack of affordable housing is Airbnb, yes, but we don't have a rental code and the situation with rentals in the town is pretty out of control. Thanks very much. COUNCILWOMAN DOHERTY: Thanks. I think you know, once we have something in place we will get a better handle on what the rental situation is out there and it will help us you know, make decisions in other areas. SUPERVISOR RUSSELL: Who else would like to address the Town Board? JOHN LADEMANN: John Lademann from Cutchogue. But it is regarding property in Southold. I asked at one of the other meetings about if we can allow another authorized representative, are they going to know, I brought this up before, do they know their trades or if they are going to be in there inspecting the house, this is one thing a lot of builders don't know, electrical work or plumbing work or anything like that and you are going to allow them to, code enforcement officer to bring anybody in and that's one thing and another thing, there's nothing in this law says what these permits are going to cost and that would be nice to know because I've had somebody renting from me, he's a doctor from the Police Department in New York City and he rents from me for 15 years and I might move him because of this, I hate to but to tack something on whatever permit, that could hurt, so I just wanted to let you know it's a problem. COUNCILWOMAN DOHERTY: I just want to clarify those two things right now, anybody that does the inspections has to be certified in all those areas, so it has to be a licensed, it says in here, a licensed MR. LADEMANN: It doesn't say that. COUNCILWOMAN DOHERTY: What part are you reading? MR. LADEMANN: Inaudible. Public Hearing-Rental Permits October 23, 2018 page 13 COUNCILWOMAN DOHERTY: Alright. We can clarify, the authorized representative has to be certified, you can't just have, well, we will clarify that in that section. It says it in another section. SUPERVISOR RUSSELL: I think we should defer to Bill. COUNCILWOMAN DOHERTY: Yes. TOWN ATTORNEY DUFFY: Inaudible. COUNCILWOMAN DOHERTY: Right. That's how I see it. And right now we are proposing a minimum fee of$100 a year. SUPERVISOR RUSSELL: Just a clarification on fees, generally fees get set as part of the organizational meeting every January. They generally, well certainly we haven't been setting fees as part of the code. Any change to fees over the years would require a new public hearing, so that gets set by resolution each year, like all fees that are collected. CARRIE MARONE: Hi, my name is Carrie Marone and I have a house in Southold. I haven't been to every single meeting, I have missed a few, so I just had a couple of questions because I know this rental spans a lot of towns and a lot of different situations from over-crowding, maybe day rentals and different types of workers to month long or year-long rentals and then to the B and B. I'm just, when you put them all in the same bucket just as being rentals, my question is when you look at something for over-crowding or if it's from an Airbnb, say if my neighbors use it as an Airbnb and they rent to families, that's it for a t wo week vacation or just something. Most people are not renting out in Southold for a month, summer vacation. People just can't take a month vacation. But the people that rent those houses, there's people in there, they are going to the beaches, they are doing all that type of thing, no complaints. Then I have another neighbor that lives down there, they own the house, they don't rent it and every weekend, all their kids, they have parties everything like that, I have no problems with that either, it's their house but I don't understand why if my neighbor rents their house and someone complains, why it doesn't become a police problem or you are now in violation, here's your warning and if you violate again, then you get fined. I don't understand why somebody like my neighbors, who I don't have a problem with them renting it out, we are by the beach, it's not a year long community, we don't have parking issues, we don't everything. Why they have to spend all this money, their house is to code, their house is taken care of, why they are put in the same bucket as people over-crowding with day workers or people that have people living in sheds or something, I just don't understand why everybody is put in the same rental permit, when why isn't it addressed if you are in violation of something, the noise, parking or something, give them a violation, give them a ticket and then make them go this extra step, that's how you try to get them to stop doing it. I just feel like you are going to have so many more people illegally doing this and trying to avoid all this because this is going to cost people money, like to get, to get all these permits and inspections and everything like that, and who is to say. if my neighbor wants to go get this inspection, now she has a permit for two years, once you walk out. she can put a lock on the door, that was one of the things that seemed ridiculous, you can"t have a lock inside, you can't lock your garage. Nobody is going to get hurt if I have my garage locked unless they try to Public Hearing-Rental Permits October 23, 2018 page 14 break into it. You know what I am saying? It just seems so weird that everything is getting put into the same thing. I know East Marion has a lot more young renters who rent for proms and everything, Southold, I am going to say there is no MTV crib houses or raging parties, I mean, believe me, my kids would be looking for them if there was. I just don't see how we are all in the same bucket. I mean if I am redundant and if I repeated some of this.... COUNCILWOMAN DOHERTY: I will try to clarify some of the stuff. MS. MARONE: Thank you. COUNCILWOMAN DOHERTY: First of all, I want to clarify that right now on the books we have a definition of transient rental in town and the definition of transient rental is 14 days or less. That is still on the books, that's not part of this and that is not going to change by adopting this or not adopting this. so if, I am coming from a safety point here, and everybody, if you rent your house out or not, should have a CO and if you have a CO for your house and you want to rent it for 14 days or 365 days, you just need to fill out the paperwork, get an inspection to make sure your CO is valid and pay the$100 fee for the two years, so it would be $200 and that's all you have to do. MS. MARONE: I get that, it's just, you have to have a CO for your mortgage but you have to have a survey... COUNCILWOMAN DOHERTY: We took all that out in this section. MS. MARONE: Oh, I apologize. COUNCILWOMAN DOHERTY: This is... MS. MARONE: All you need are your CO's, then the rental permit but you have to get the electric inspection and stuff like that.... COUNCILWOMAN DOHERTY: Well, if you have your CO's, then you already have your electric inspection, so basically it's, if you have a proper CO, either you can have a town inspector or you can have a valid inspector, a certified inspector yourself and once we have that certificate and you fill out the applications giving the information we need, the owners name and different things on the application and the inspection is done, then you would get your permit. MS. MARONE: Okay. COUNCILWOMAN DOHERTY: And then every time you renew it, we would need you to get an inspection to make sure you didn't change anything. The thing about the locks and everything that is read, that is already part of New York State's building code. You can't have padlocks on bedrooms for safety reasons, if the fire department comes in because there is a fire in the house, so that's not a code that we are making up through this, that's a part of the safety code. We are trying to just educate people and make them aware that this is out there. But we took all that out and we made it as simple.... Public Hearing-Rental Permits October 23, 2018 page 15 MS. MARONE: I apologize.... COUNCILWOMAN DOHERTY: That's okay, it gave me a chance to clarify all of that. MS. MARONE: Okay, I appreciate it. Thank you. SUPERVISOR RUSSELL: Just to clarify, if you have a CO that covers the house as it exists, but for an inspection verifying that you are good to go. The difference is, if there has been a fundamental change in the interior of the property, that would no longer be covered by the CO. That's where the issues with might come in. MS. MARONE: Okay. SUPERVISOR RUSSELL: Or the creation of living space in an area without the benefit of the building permit, inspection or CO. That's where that would be an issue. But for people like you described, it's an application. That's really all that is. MS. MARONE: I appreciate that, thank you. SUPERVISOR RUSSELL: Sure. DAVE KILBRIDE: Hi, my name is Dave Kilbride from Cutchogue. I am trying to get my arms around the problem you are trying to solve here and I don't have a comment so much as I have questions. How many dwelling units are there in the Town of Southold? SUPERVISOR RUSSELL: Dwelling units? COUNCILMAN GHOSIO: Dwelling units that are for rent? Rental dwelling units. MR. KILBRIDE: Dwelling units in total. SUPERVISOR RUSSELL: I can tell you there's 11,300 houses, how many accessory apartments, I couldn't determine that. MR. KILBRIDE: How many rental units are you proposing to start regulating? Dwelling rental units. In other words, what's the scope here that if once this law is approved, how many units of housing that have never been under the auspices of town government are now going to be regulated and need these permits? COUNCILMAN GHOSIO: I don't think we know. COUNCILWOMAN DOHERTY: We don't know that. That's part of the issue. MR. KILBRIDE: What would you estimate? SUPERVISOR RUSSELL: Me, personally? Public Hearing-Rental Permits October 23, 2018 page 16 MR. KILBRIDE: What percentage of the 11,000 units are rented? SUPERVISOR RUSSELL: Personally, based on my 15 years of experience in the Assessors Office, I would estimate that homes that getting year-round, homes that get rented seasonally and all those other issues and accessory apartments, I wouldn't be surprised if the number was close to 3,000. MR. KILBRIDE: I am here to tell you that I have two that you don't know about. So... SUPERVISOR RUSSELL: 3,002. My number is wrong. MR. KILBRIDE: So and how many of those 3,000 units is the town inspector probably going to be asked to visit? SUPERVISOR RUSSELL: It would depend on the initial compliance. I would expect pretty substantial compliance, I would expect about 800. MR. KILBRIDE: And how much time do you think it's going to take the town inspector, how many can they do in a day, how many town inspectors are there? SUPERVISOR RUSSELL: There would be the two and a half code enforcement officials, the chief building inspectors, two building inspectors and fire marshal. That's what we budgeted for. MR. KILBRIDE: And if they worked full-time, how long will it take them to do 800 inspections? SUPERVISOR RUSSELL: I would anticipate in most instances, not much time at all because the house is already CO'd and everything is already up to snuff. MR. KILBRIDE: How long, if I were to call a building inspector right now to get, before you do all of this because presumably you are working on the town budget, so presumably they have got full-time jobs, how much time do they have to add 800 inspections? SUPERVISOR RUSSELL: It depends on the extent of the inspection. Again, it depends on what you are inspecting. I could tell you as an assessor, I could do as many as 30-40 a day or as few as 5, depends on what you are looking at. MR. KILBRIDE: Apparently what you are looking for, okay. let me ask another question, the 3,000-4,000 units, including the two that I own that are in better shape than the house that I live in myself, so I am not sure why they are being regulated, but of the 3,000 units, the regulations talks about serious problems with housing units and the reason that you are throwing a net around 3,000 housing units is because there's serious problems with some number. How many of those kinds of units of those are there in the town`? That are health hazards, that are blight, where there are cars parked on the lawn that are creating social problems in the neighborhoods. Of the 3,000, how many are you really trying to solve for? Public Hearing-Rental Permits October 23, 2018 page 17 SUPERVISOR RUSSELL: None of our, with regard to housing, with regard to lawns, cars on the front lawns, none of this code is meant to address that. That's completely separate sections of code. This is about public health, safety and welfare of the interior. How many are safe, how many aren't safe? I wouldn't know. That's the whole purpose of this code. MR. KILBRIDE: Well, the preamble of the law talks about serious conditions arising from not only occupied rentals and the lady who spoke before me talked about some rentals that don't appear to be creating any kind of health or social issues, less than maybe owner occupied which are not part of this. but you are trying to solve for dangerous housing, houses that don't meet code, so what, I mean of the 3,000, how many do you think that equates to? SUPERVISOR RUSSELL: I have no way of knowing it, until the permit process is underway. You are talking about.... MR. KILBRIDE: What's that? SUPERVISOR RUSSELL: You are talking about how many are the problem? MR. KILBRIDE: I had a conversation with Jill one night and she was explaining that is what this is really getting at, is the houses scattered around town where you've got locks on bedroom doors, you have got large groups of unrelated people living there and you've got, and these are unsafe houses and I get that, that's not a good thing. But you, in the process you are trying to solve for that, you are saying around 3,000 dwelling units, most of which I grant, most which I maintain are not a problem at all, most of us are here because we either own them or we rent them and we are wondering why are you doing this? why are you, you have got a police force, you have got fire department volunteers in some towns that could come to you and say these are the houses that we think are a problem, why don't we address the problems? COUNCILWOMAN DOHERTY: So we are six Town Board members here and we are often tasked with projects and I was tasked and asked to do this and I am bringing it on, the way the Town Attorney has explained to me with certain laws, with residences we can't just easily go into these places when we have a simple, verbal complaint. This will bring it all together, it will bring the police officers, the building inspector, fire departments, will be able to have better communication, they know what is out there from going to calls and you know, this brings it all... MR. KILBRIDE: I don't understand what you are saying. You have got to regulate 3,000 houses to find 100 that are a problem? UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: I am sorry. why don't you step back to...., I don't know what Jill's conversation with you but these problem houses, are we going to drive around and point at them? I would certainly hope we create, any legislation we create is applied evenly, throughout the entire town. Secondly, let me ask you something. with regard to unsafe conditions. How will we know until we get inside and I will give you an example. A house that was built about 10 Public Hearing-Rental Permits October 23, 2018 page 18 years ago in Cutchogue with a finished basement, with a separate accessory apartment. Zero egress but for the small windows, not enough satisfactory egress. It's a brand new house, there's no problems, certainly with, how would you know it's unsafe unless you (inaudible) even though it's there. COUNCILMAN GHOSIO: Didn't it have a CO? SUPERVISOR RUSSELL: The house had a CO but the basement didn't. There's a lot of those out there. You are talking about cars and dumpsters, I think you are really misinterpreting what the goals are, of this particular presentation are. COUNCILWOMAN DOHERTY: When we do a code, we can't just cherry pick who we want to, you know, say you have to go by the code and you don't. We can't do that. It has to be all or... MR. KILBRIDE: You're creating, apparently you think there's a problem. You are creating a bureaucracy. It sounds like you are going to need more inspectors, there's going to be somebody who's responsible for checking permits, reviewing them, how many staff are going to have to be added in Town Hall to administer this, both in inspection, two year permits, renewals, new applications, checking to make sure the application hasn't expired, put the person back into full renewal. There's a lot of bureaucracy here... COUNCILWOMAN DOHERTY: In the beginning it will take some doing and some organizing... MR. KILBRIDE: How many people do you hire to enforce this? COUNCILWOMAN DOHERTY: We are bringing our code enforcement office up, regardless of this rental code or not, it's for all the other codes... MR. KILBRIDE: But how many people are going to be hired.... SUPERVISOR RUSSELL: You are asking how to enforce this, how do I know what compliance is going to be. In other words, it's a little bit cynical to think that most of the public, we generally get substantial compliance on any code we pass. We've had some issues, no doubt but we generally get substantial compliance. But this code, if it's adopted then we will find out. MR. KILBRIDE: But in the meantime, you've put 3,000 homeowners in a situation of having to figure out how to get this done without apparently appropriate staffing. I mean, I will tell you my experience in the private sector, you are government folks, I am not but people came to me with a proposal where they didn't understand the size of it, the cost of it, the resources they are going to need to apply it, it wouldn't get passed. You need, how can you do this without knowing the size of this, I just don't understand how you can approve a law without understanding the scope, the cost or the impact. Public Hearing-Rental Permits October 23, 2018 page 19 MARIE BENINATI: I am Marie Beninati, I live in Southold. I am a realtor and I have already expressed my opinion of this code and I thank you, sir, for what you said because I was going to say pretty much similar things. This legislation intent does become part of the law, right? SUPERVISOR RUSSELL: It is the purpose. MS. BENINATI: Right. Talks to dwellings that are inadequate size, over-crowded, dangerous, tends to promote deterioration of the housing stock, blight, and on and on and on and my question was similar to this gentleman's, have you studied it? Do you have a study? I can tell you this, I am a realtor, I do rentals and it's very rare, very rare, now you might say that those people that have these horrible conditions don't call a realtor and that's probably true but it's very rare that I see units, rental units that are in these types of conditions. I would say a fraction of a percent, so I think it's a good point that yes, you have a good intent, no argument but is this the only way to deal with that issue that you are concerned about? Is it the only way? And do you impose laws on people and take away their rights and you are taking away rights when you do this without really studying it properly, so I think you should study it. I think if it is a major problem, then we should do something about it. I don't think it is a problem. I can tell you a story, I live next to a home that has eight individual units, (inaudible) that had outside entrances to the rooms through the window. It was outrageous. It was constantly being brought to the attention of the authorities, the fire department etc. Well, eventually, there was a fire and luckily it was during the day and no one was killed or died or was injured but still it was an outrageous condition. The fire department report that I read described the conditions and still, nothing was done. The person was done. The person was supposedly threatened with fines and still, nothing was done. So I think that there's a lot more to this than putting something on a piece of paper or writing a code or charging a rental fee or asking to see a CO and I said this before. The fire department, they know who the offenders are. Do something about it. If we are really are concerned about safety, if we are really concerned about people being in a safe place, then take care of what we know now. I am not arguing that you shouldn't look at this, study it but I do think that it's kind of unsupported and I support the statement. I also have a couple of additional issues, the presumption of rent whether it's a relative or not, if I have space and I don't charge them rent, you are saying that you presume that I charge and I have to prove and tell me how you prove that you don't charge someone rent, I don't really understand how I am going to do that. That's one, rental permit and application that include the number of rooms and the dimensions of each room, why do you need that? rental permit that include the maximum number of persons, that sounds very good but then there are bad housing rules and there are children and we find ourselves saying well, the maximum is only three and the people who want to rent have children so it's more and suddenly you are going to require it to only be three because that's what it says in the permit, I think you have to look at that as an issue. I know Pat talked about the B&B's and (inaudible) which I think definitely you should exclude. The broker/agent responsibility, with all due respect I don't see you doing this for plumbers, carpenters, other people (inaudible). As realtors, we have a code of ethics. we follow our code of ethics. If there are some realtors that don't, well, that's some other issue. But I don't need the town telling me what I need to do to do my job right, I really am personally offended by this and I think if you are going to zero in on brokers, you should zero in on all the people who are involved with these rentals. Same with the penalties, you use the term any person, so any person or association that violates any provision of this chapter shall be guilty of a violation. So how about the person who places the ad in the Public Hearing-Rental Permits October 23, 2018 page 20 paper? Are you going to hold the newspaper responsible because they placed the ad and they didn't know it was an illegal rental? Are you going to hold somebody that did a repair or maybe even created the apartment, they don't know it is an illegal rental. I think you should take this out. I think the owner, if you are going to have fines, the owner of the property should be fined. Not all the ancillary other people. And the word any, is too broad. Much too broad. That's it. SUPERVISOR RUSSELL: Marie,just so you all know where I am coming from. I have a lot of reservations about requirement for a rental permit. First, when I said 3,000 I didn't mean to imply 3,000 houses. I meant to imply 3,000 dwelling units. Houses that are year-round, houses that are seasonal, houses that are monthly, apartments, accessory apartments, finished garages, apartments over stores, that's really what I am talking about. But ultimately everybody keeps saying the same thing, look, you have these problem houses, go after them and leave me alone. I just don't think this Town Board is in the position to start legislating based on favoritism. That's what it sounds like to me. Also, you said something about taking away rights. Who? How does this negate rights of any kind? It doesn't stop rentals, it doesn't prohibit you from having rentals, it doesn't do any of those things. MS. BENINATI: Well, you are creating a second class of people. I have a rental and I have to go for a permit and I have to show you my certificate of occupancy and I have to do this and I have to do that, you don't have a rental, so you don't have to do it even though you own a house. COUNCILWOMAN DOHERTY: But you still have to have a certificate of occupancy. MS. BENINATI: Right. You have to have that now. COUNCILWOMAN DOHERTY: Right. MS. BENINATI: Nothing changes. COUNCILMAN GHOSIO: There's lots of businesses that require permitting and licenses, I don't see this as any different than me having to get a license from Suffolk County to be able to deliver fuel oil. MS. BENINATI: Get a license for everything. You will find this town will be far less populated in the future. You really have to think about how people live in this town and what they do and how they feel and the more legislation, the more you tighten up and the more fees you charge, and I do understand that the fees are meaningful, the less people are going to find this an attractive place to live. I have been to these homes, I do rentals, I don't see anywhere near the plight that you are talking about. COUNCILWOMAN DOHERTY: Thank you. KATHLEEN KNAPP: I will be quick. Kathleen Knapp, I live in Laurel. I do have a rental. I rent my home. I think you have put this big net over all of us and it does not apply to all of us. it is, I believe as the first gentleman said. it's a police issue. Let the police do their job. There's a complaint, the police should be called. I have no faith, and this is from experience, in the code Public Hearing-Rental Permits October 23, 2018 page 21 enforcers. I have been dealing with them since 2014 with the Brushes Creek situation, Mr. Frank Kelly. I am sure you are all familiar with that. Nothing has been done. SUPERVISOR RUSSELL: I am going to disagree. We have issued violations, we have gone to court... MS. KNAPP: Yes but it continues to go on. It has been going on, well, we won't get into that, since 2014. SUPERVISOR RUSSELL: Fair enough. Fair enough. MS. KNAPP: Yes, it is. So code enforcers, please. And you do have to have a budget for this and that obviously you haven't presented to us because it would be a big budget. Thank you. UGO POLLA: Ugo Polla from Corey Creek. You know, I am listening to a lot of stuff around here and I am listening to it and I am saying to myself, we are talking about residential properties. Single unit, residential property. They want to break it up, they want to rent. What are we really talking about here? We are talking about money. That real estate person there is talking about money, she is talking about her livelihood, she is talking about making it easy for her to do her business, to do her real estate business. I own a single home, it's to my interests, what about my interests? I don't want a neighbor coming up there and all of a sudden, I moved in, I know my neighbors, I know who they are, now all of a sudden my neighbor decides they want to rent. Well, I didn't buy the house because I wanted to be with some renters. I bought the house because I wanted to know my neighbors. That's one point. the other point is and we are talking about residential property, the other point is and every one of you know, you know it, whether you want to admit it or not, you know that there has been in the last 10, 8 years whatever, there's been a problem with the investments, with what do you do with your money? When you have got money, you want to invest it. And what's the problem, there's been no interest paid on savings, so people have been looking for opportunities to put money into and what has the opportunity been, it has been buying houses over here, not to live in them but to rent them. How many houses over here are strictly bought to summer rent, to rent weekends, to do whatever, so any attempt to try to disincentivize that, I am for it. Because that ties in with affordable housing, why are kids moving out? Because there is a big demand for houses to speculate, to rent, to make income out of that. so there is another aspect out of that. that some of the houses that are available, that are being sold, are being bought by, you want to call them speculators, you want to call them whatever, when the economic situation turns around and you will be able to get six and seven percent on certain types of safe investments, those houses will probably come back on the market. But right now, that's the situation as I see it, in my humble opinion. What's the other thing I wanted to point out, yes, the young lady, the real estate person was talking about rights, her rights. Well, what about my rights about trying to have some kind of situation where I don't have to worry about if a house is sold, is it going to be turned into a rental unit. The other thing is the complaint about the money, that was the other point, the $100 fee or whatever it is, folks. when you are renting property, you are making a pretty good rental on it, whether it's by the month or the day or it's by the year, you are getting a pretty good rental on it, so I would humbly suggest that you are getting money from rent; $100 a month or the year Public Hearing-Rental Permits October 23, 2018 page 22 for that license or two years, whatever the hell it is, I don't think that's asking a heck of a lot. So, that's my point of view. SUPERVISOR RUSSELL: The conversation really needs to, everybody needs to address the Town Board not each other. JIM GLOVER: Jim Glover, Cutchogue. So I am a little bit late in the game to understand this proposed law. I just read for the first time today, read it again, really tried to understand it. I have concerns about what I understand about it, now even more having been present here tonight. I do feel concern about the level of added bureaucracy, this will clearly add to town government, to our taxes, this is not a small task. I don't think anyone clearly knows how large a task it is, it sounds like. But this is no small task that the town will be undertaking and it will be an ongoing process, from what I understand, a two year process. Two year permit requires an inspection every two years I assume. And the number of units, Scott, that you mentioned, I have a hard time understanding how current staff would be able to handle that load which means added hires to the town which means more taxes for everybody. I don't think there's a way around that, from what I can gather from this so far. So I am concerned about government expansion. It does also seem rather burdensome for the large pool of rental homeowners and rental unit owners, the fee does seem rather high, Jill, that you mentioned you are thinking of for this, $100. COUNCILWOMAN DOHERTY: Per year. MR. GLOVER: So that's, just now that that will be passed on to the tenants, okay? It's business, you know, you are a landlord, you are in business. COUNCILWOMAN DOHERTY: Sure. MR. GLOVER: You will be inflating the rental rates that people will be paying for such units. COUNCILWOMAN DOHERTY: One hundred dollars, they are going to be inflated for many other reasons. I rent and rent goes up, for whatever reasons and I feel that $100 a year really was going to make that much of a dent into that. There's many other reasons why landlords raise the rent. They don't need this reason to raise the rent. MR. GLOVER: So this will be a reason, though, to raise rent. Every dollar goes towards the calculation. COUNCILWOMAN DOHERTY: Sure. MR. GLOVER: The reason why I bring that up is because more than anything, I see this related to affordable housing in that the legislative intent the description of unsafe dwellings, over- crowded and so on. I believe directly relates to the lack of affordable housing out here. As a business owner with employees, I know how hard it is for folks making $15 an hour to afford living out here. And it's because there's almost no rental units available. It's such a tight market, I know personally because I have attempted to help some of my employees to find Public Hearing-Rental Permits October 23, 2018 page 23 housing. And to find anything that's at all decent is going to cost someone more money than they can afford when they are a lower income employee of whether it's a nursery, whether it's a restaurant, whether it's a contractor. Someone brought up keeping our children here and the challenge that comes from the lack of affordable homes out here that your children can hopefully buy to stay out here and I hope the same for my children. I think even more acute is the problem we are facing for workforce housing. There's many businesses out here that rely on lower to middle income positions, myself included that I fear for the future of my business for many reasons but one of the reasons is the lack of affordability to live here. I am looking to hire an assistant manager right now and I am expecting to pay a good price for the right person and I am told that that's even low for what it costs to live out here. So even in a managerial position, I am concerned about staffing my business and even more acute is staffing the more entry level positions of my business. So the conditions that are supposedly the intent of this legislation reflects, I believe, the lack of affordable housing out here and that's why maybe you have too many people living in the house in unsafe conditions. It's reality. They have to live somewhere. So I, you mentioned affordable housing efforts the town has taken, Scott and I applaud that. Accessory apartments. I personally haven't seen myself, the fruits of that. in the efforts I have undertaken to find housing for employees out here and I do believe that not only are we losing our children but we could be losing businesses in the future from lack of finding help who can live in our communities. We will be forced to have people commute from far away, just like what happens in the Hamptons. And with that, we are going to add to our traffic woes which are already a problem. so although I understand the intent of this legislation, I do have concerns about the level of additions to our bureaucracy and I implore the Town Board to vastly increase your efforts to improve our affordable housing out here because these conditions that are the intent of this legislation, looking to avoid these conditions. If we had more affordable housing out here, these conditions would be much lessened. Give people places to live in safe conditions and you are not going to have this problem. So I urge you as a Board to focus more sharply on increasing our affordable housing units, from accessory apartments to houses that can be rented more affordably. Thank you. SUPERVISOR RUSSELL: Thank you. I do appreciate everything you said and agree with a great deal of it but one thing I would say about adding bureaucracy, we have sat here over the past few years and we have stripped away bureaucracy time and time again. there was a time in order to create an accessory apartment, you needed to go through a zoning board of appeals process. It's expensive, time consuming and ultimately you can get the answer no. now, if you want an accessory apartment in your home, you walk over to the building department and you get a building permit. No requirement for reviews, no requirement for anything other than what you would do for a normal building permit. That's it. So the issue there is we have actually allowed you to make an accessory apartment in the home, we stripped away all the bureaucracy, now we are saying you created the accessory apartment, let's make sure you get a rental permit and make sure it's paid for $100 year. COUNCILWOMAN DOHERTY: And I've tried to make this the simplest form that it could be. MR. GLOVER: I would just say that there's a greater level of effort, there's more that could be done. Public Hearing-Rental Permits October 23, 2018 page 24 SUPERVISOR RUSSELL: Yes, I agree. COUNCILWOMAN DOHERTY: Yes. This is not going to solve our affordable housing problems or anything, we are still working on all of that, separate. We are working on so many different levels of housing right now. This is just one of them that we are talking about tonight. SUPERVISOR RUSSELL: Unfortunately, you are right. It's not going to do anything about the affordable housing crisis. And we do have to step up, certainly we are trying. But I agree with you, a lot more needs to be done. And we might have to look at more permissibility in the code, we have permitted the accessory apartments, we have allowed second structures to be turned into residential housing for the first time ever in Southold Town but again, we have got to be creative and look at more options. I agree with you 100 percent. MR. GLOVER: The density reduction, relaxing density restrictions in certain zones I think is an obvious step and I don't think, maybe I am wrong but I don't think anything has been done in that direction. SUPERVISOR RUSSELL: We actually have. COUNCILMAN DINIZIO: Well, just today, if you look at three resolutions concerning Vineyard View in Greenport, it's going to add 50 affordable units for at least 50 years. And they did get a density increase because of what they chose to do, so it can be done. SUPERVISOR RUSSELL: We've also changed the code, under the prior affordable housing district code, you're allowed up to four units per acre, now it's up to six. We've also recently adopted legislation that allows someone to take commercial property and create it as a residential, multi-residential use, as a principal use. Under the old code it could only be accessory to an established business under the new code that has already been adopted, you can take a structure, particularly a lot of the houses you will find in the commercial zones and you can turn them into essentially an apartment for up to six units. So we have taken steps but I agree with you, I feel like we are doing all this stuff and we are just not seeing it. As someone who has been in the rental market for my family, I can tell you it's very tough, it's very expensive and it's not just the cost of the rental housing, it's the simple lack of it. That's worse. MR. GLOVER: Right. Right. MS. KNAPP: Just one more question. The $100 is for one year or for two years? COUNCILWOMAN DOHERTY: $100 a year. MS. KNAPP: Alright. Is there a fee for the inspector? COUNCILWOMAN DOHERTY: The choice is up to you. You can have somebody from the town inspect, so there is not a fee or you can hire somebody else, a licensed engineer or architect or fire marshal. You have the choice to hire your own person to inspect but if you choose to have the town inspect, it's no charge. Public Hearing-Rental Permits October 23, 2018 page 25 MS. KNAPP: And he is the same person who gave me my CO? COUNCILWOMAN DOHERTY: I don't know which person it would be, it's the same department. MS. KNAPP: It's the CO that I've got. SUPERVISOR RUSSELL: Inaudible. MS. KNAPP: So it's a repeat. The CO. COUNCILWOMAN DOHERTY: What we need to do is make sure your CO is still valid. Make sure you didn't make any substantial changes that would invalidate your CO. MS. KNAPP: Okay. MAUREEN MOONEY: Thank you for your patience with all of us, too. I am Maureen Mooney, I am from East Marion. Last meeting that I attended, you had not figured out which department was going to be handling the inspections and how this was all going to work, has that, as a mechanical kind of question, has that been ironed out in terms of are the inspectors coming from the building department, are they coming from.... COUNCILWOMAN DOHERTY: Well, right now the code enforcement department is under the Town Attorney's office and the code enforcement and the building inspectors all are certified to do these inspections. So it will be, all those inspectors will be able to do those inspections. MS. MOONEY: Okay and what are the logistics in terms of trying to get your name on a list to get an inspection? COUNCILWOMAN DOHERTY: You would fill out an application and you bring it in and your name goes on the list. MS. MOONEY: Okay and so the applications are currently available? COUNCILWOMAN DOHERTY: Not currently, until we pass the law. But it's going to, approximately a two-two and a half page application that we ask the questions and we will have that when we pass the law. MS. MOONEY: And you are anticipating that will be next month, next year? I mean, when do you think that will be? COUNCILWOMAN DOHERTY: I don't know. SUPERVISOR RUSSELL: The adoption of the law would depend on first of all, if we chose to close the hearing tonight, we could vote tonight. We can vote in two weeks. we can continue to keep the hearing open and continue for another two weeks, all of those things depend on how we Public Hearing-Rental Permits October 23, 2018 page 26 wrap up the hearing tonight. With regard to pre-printed applications, that would have been a presumption that the legislation would have been adopted as drafted and that's not a presumption any of us want to make. We want to make sure, printing is easy, it doesn't take us long. We certainly have plenty of printing accounts around here. But I want to point out also that the permitting process will start in January but there will be, almost likely, I don't know what you call it, a grace or an amnesty on enforcement until August 1. MS. MOONEY: But as we know, especially with town projects, things move at a slower pace and so that if we have 300, theoretically 3,000 homes that have to be looked at, and everybody says well, I am putting enough money up for the permit fee, I want the town to do the inspection, you are going to be also over-burdened in the amount of people seeking that.... COUNCILWOMAN DOHERTY: We are prepared to handle that. We are going to take it as it comes and handle and if we need to get more part-time people, we will. MS. MOONEY: Okay, but you will publicize when the permits are available. COUNCILWOMAN DOHERTY: So when and if this law is adopted, when it's registered with the state, that's when the law takes effect and that applications will be ready at that point. They will be downloadable on the website like any other application and you can start applying as soon as the law takes effect. But we are not going to enforce any violations until August I", to give people time to get the law out there. SUPERVISOR RUSSELL: Adoption of the budget, if and when it is adopted as is will create the position of fire marshal that would add to the inspection capability, with respect to added cost to taxpayers, people need to remember that the permit fees create revenue. That will offset the cost for the fire marshal. MS. MOONEY: Good luck. LEROY HEYLIGER: Leroy Heyliger, Mattituck. Who do we go to, to find out who a new homeowner is and if he is renting it out, which is what's happening in my case. My next door neighbor passed away, he was the commander of the VFW in Mattituck, he passed away suddenly and his family sold the house and when I heard it was becoming a rental, of course, it was owner occupied, he lived downstairs, upstairs he had a rental and the real estate agent, I told him, I heard it was going to be a rental and the real estate agent said, well, and I said it has to be owner occupied. And he became very evasive about it and he said there's ways to get around it. Anyway, how do I find out who the owner is and if it is legitimate? If he has a permit? SUPERVISOR RUSSELL: Well, first, no permit exists right now, so you wouldn't be able to do that. With regard to the new owner is, you would go to the Assessor's office, talk to one of the Assessors over there. They will be able to research and pull out the deed and identify the new owner. With regard to the intent of the new owner, no one knows what the owners intent is. If it has a unit downstairs and a rental upstairs, under the current code, it should be CO'd as a two family, depending on the circumstances. Again, I can't. you are asking us to speculate on someone, a new owner to a property that we would simply have no idea. It's one of those things, Public Hearing-Rental Permits October 23, 2018 page 27 when someone buys something, you don't know what they are going to do with it until they do it. Like in any aspect of real estate. MR. HEYLIGER: But he's already, right now, there is rentals in there, upstairs and downstairs. But he is very evasive as who owns it. SUPERVISOR RUSSELL: The ownership is a matter of public record and that would be in the Assessors office, if they have gotten the deed. I don't know how recent the sale was, there is a delay of getting deeds to the town because of the volume of real estate transactions. But you can get it from the Assessors office. You can probably get it pretty quickly. MR. HEYLIGER: So we don't know if he has a permit or not? SUPERVISOR RUSSELL: Well, there is no permit that exists right now, what he would technically need would be a CO for a two family dwelling. And that would be the building Department. MR. HEYLIGER: Thank you. SUPERVISOR RUSSELL: Yes, please. MARIA SANTIGATE: Maria Santigate from Mattituck. I do not have any rentals and I do live in my home full-time. But did you guys come up with, maybe I didn't hear it, did you come up with a budget amount for this whole new process? For the code enforcement officers. You said two and a half bodies and.... COUNCILWOMAN DOHERTY: We have not come up with a budget regarding this, regardless of whether we are going to be adopting a rental code or not, we are putting, we are going to replace. We will have two and a half code enforcement officers. We don't need the code enforcement officers just for the rental code, we need them for everything else. We just started our code enforcement department a few years ago, so we have a short-term and long-term goals with the code department. In 2020 we will probably add another code enforcement officer. MS. SANTIGATE: What do we currently have? COUNCILWOMAN DOHERTY: We have one and a half, well, we have two and a half positions, one retired, so we are in the process of filling that, so we will get back to the two and a half. MS. SANTIGATE: So with the current code enforcement bodies that we have and those are bodies that are just administrative or out on the field? COUNCILWOMAN DOHERTY: Both. Both. So we have two and a half code enforcement in the department and we also have building inspectors and with the 2019 budget, if it's passed, we will be hiring a fire marshal. We will be adding another one because we need a fire marshal for Public Hearing-Rental Permits October 23, 2018 page 28 other commercial buildings and other things, so that person will be able to do these inspections as well. MS. SANTIGATE: I am 150% in favor of the fire marshal and I am also in favor of affordable housing. I will say that it might be a little pie in the sky, thinking that you are going to be able to handle this with the numbers of bodies that you are suggesting, if you are suggesting that there are 3,000 units, at $100 that's $300,000 and so, that would I presume, be the budget that you are thinking about because you had to come up with something. You have to come up with a budget. And by the way, thank you Jill for doing this, I would not have wanted to do this task... COUNCILWOMAN DOHERTY: Neither did anybody else. MS. SANTIGATE: I am sure that you know, I would have to hit the hairdresser more than once a month if I had to do this but I think that once you adopt this, first of all, we will never get rid of it because that's just the way government is, once you adopt something you never get rid of it, you might play with it but you never get rid of it. I think that you are underestimating the amount of code enforcement work that will be entailed. I know I did mention at a meeting some of you were at, once before, it was not a town meeting but that it is not that difficult to find the homes where there might be an excess of number of bodies living in that are not related. I think there might be another way to do this with your code enforcement people, I am not sure because I don't know all your laws but I do think that this is a little and I don't really want to use the word onerous, but a little onerous. Again, I don't have any rentals, I have in the past but I don't have any rentals, I haven't for a few years so it doesn't make any darn difference to me and at my age I don't want any rentals either, I don't want to deal with it but I do think it's a little onerous and extremely difficult to implement with the numbers of bodies that you are going to put on. Since you are putting on these other bodies because you need them anyway, and you'll remember I did bring up that nobody can make CVS put the lines on the parking lot and you can't, you know, I am waiting for an accident to happen because it's been three years since I am counting, since they've striped their lot and you have code enforcement people here and it's pretty obvious since it's right on Main Road, so I don't know how you are going to handle 3,000 units. And then, if there's a time period, if I did have a rental and I did file all the paperwork and whether you're going to enforce it or not, until August, the time period that it's going to take you to get to me, well, I am not going to put a renter in there because I don't want to get in trouble, so now I've lost six months of rent... COUNCILMAN GHOSIO: As long as the application is in, you wouldn't have that problem. MS. SANTIGATE: Just because the application is in doesn't mean that it's approved. Then if it's not approved and I rented and then you find something wrong with it, what do I do? Kick my tenant out? So I potentially lose six months of rent and maybe I didn't just buy it to invest, maybe I fell on hard times and I had to go move in with my son but we are still trying to keep the house so we are going to rent it, so it's not always an investor, I have been an investor out here but it's not always an investor and things do, as we all know, bad stuff happens to good people. So that's what I mean, is sometimes it can become onerous if you try and think of all those situations. If you have people that are going to be losing money on their rentals just because of Public Hearing-Rental Permits October 23, 2018 page 29 the wheels turning at the pace that it can only turn, then you are going to have a lot more aggravated people than the few that are here. Thank you. SUPERVISOR RUSSELL: Thank you. Is there anybody else that would like to, before I go to you Mr. Lademann, I would like to make sure there isn't anybody that hasn't had the chance to speak. Would anybody else like to address the Town Board? JACK REARDON: Good evening, my name is Jack Reardon. I live in Greenport, I have a house in Laurel. And I have been to two previous meetings regarding this issue. Though I am not as eloquent a speaker as some of the people have spoken today, I do feel like everybody else feels here today. First of all, it is about money. Obviously it's about money for everybody in the town and the residents. And really before that, I would like to say thank you to the Town Board for representing us, this is sort of my initiatory run to see what it's all like and I wouldn't want to be up there listening to everybody and their varying points of view. Nevertheless, I am going to give you mine. So thank you for listening. I tend to be more of a list person, so I am just going to go through this and dissect it a little bit. The beginning part of it seems to be a pretty boilerplate and pretty status quo, as I read through it, it seemed to be somewhat militant in its intent and very punitive. Just in my opinion, I think it's somewhat punitive if you are in violation or perceived in violation of the law. Let's see, this is 207-5 that I am on right now, section B where it says code enforcement officials authorized to be blah, blah, blah, to assess the morals and welfare of the public, that being a sort of subjective criteria. I don't know how a code enforcement officer, even two of them, would have the same criteria for morals and welfare, so it is somewhat vague in terms of well, whose morals are we talking about and should that even part of this law or should it be more reserved to the health and safety of the town residents. Under section C of the same area, it talks about all this warranted stuff and getting an inspection, in my opinion, if someone is resistant to letting in an inspector, no permit, you don't have to go ahead and enforce an inspection... COUNCILWOMAN DOHERTY: Right. SUPERVISOR RUSSELL: That's exactly right. MR. REARDON: So I don't know why we would even have to have this in here, because all we have to say is if you don't follow A, B and C, no permit. SUPERVISOR RUSSELL: That's exactly what it is. I think people are misinterpreting C, what C says is we are making it clear that the requirement for a rental permit does not exempt us from any other requirement of going through a judicial warrant process like we would have to do under any other circumstances. What we are saying is, this doesn't give us or invest us in any new authority or right to do an end run around due process. That's the whole point. I think people are misinterpreted. MR. REARDON: I think it's being misinterpreted because of its wordage. It should probably be stated more simply, like the lay person I am, no tickee-no shirtie, that kind of thing. I don't get the permit. The presumption of rent, we have heard numerous people talk about that. we all go way back around here bartering and I don't know if you consider that a valuable thing in terms of Public Hearing-Rental Permits October 23, 2018 page 30 a presumption of rent but I come from a big family and we do that kind of stuff and I have done that stuff in my business and you know, anyway, that shouldn't be calculated as a presumption of rent, in my opinion. For a service or you are just trading with friends. Down in 207-7, rental permit required, paragraph B, rental permit application requirements, required a CO, that's great. You require a description, is that a verbal description? A written description? A description on 1/4 inch graph paper to scale, is it drawn on the back of an envelope? COUNCILWOMAN DOHERTY: Can I clarify this because it has come up a couple of times tonight. Under New York State building code, the dimensions of a room dictates how many people can be in there, that's where it's coming from. And that's why we ask this. MR. REARDON: That's the description of the units? COUNCILWOMAN DOHERTY: Yes. MR. REARDON: Okay. Can you tell me the number of people per square foot or how they regulate it? COUNCILWOMAN DOHERTY: Off the top of my head, I don't know that but that's in the New York State building code. MR. REARDON: Okay but the permit application requires a description of the premises. COUNCILWOMAN DOHERTY: Right. MR. REARDON: Of what form? COUNCILWOMAN DOHERTY: Written. MR. REARDON: Written? Okay. I am familiar of the Southampton Town process of which this is a pretty paralled process and image of and okay, so I am using that as my reference. You ask several times, there's going to be several times for us to address our names, address and now we have to sign an affidavit to that. So I think one time is enough. The code enforcement officers/fire inspector, whoever is doing the inspection and I want to make sure that I am clear on this, that they are coming in to inspect what exactly? COUNCILWOMAN DOHERTY: To make sure that your current CO is still valid. MR. REARDON: That's it? COUNCILWOMAN DOHERTY: Yes. MR. REARDON: Okay. No one is looking at the electrical box? COUNCILWOMAN DOHERTY: That is part of the CO. Public Hearing-Rental Permits October 23, 2018 page 31 MR. REARDON: Mmm, part of the CO. It doesn't say anything about electrical inspection. I don't believe so. SUPERVISOR RUSSELL: You should have had the underwriters issued when you got the CO. MR. REARDON: I got that. SUPERVISOR RUSSELL: But there are issues with regard to, there will be, the fire marshal is going to make sure everything is still in compliance. That the CO is basically still covering what's there but we also have issues with smoke detectors and carbon monoxide, those, there's a safety issue. There's a compelling issue why (inaudible)... MR. REARDON: Inaudible. SUPERVISOR RUSSELL: Why he shouldn't ignore that. MR. REARDON: I am 100 percent in favor of and I think that's probably what the purview of what the inspection should include in my residence. That's the safety. COUNCILWOMAN DOHERTY: That's under the CO. MR. REARDON: That should stop there. There should be no reason for them to inspect my sanitary system unless there is an issue. My electrical system has already been done. Plumbing system.... SUPERVISOR RUSSELL: None of that is in here. COUNCILWOMAN DOHERTY: No, it's not. SUPERVISOR RUSSELL: None of that is in here. None of that's in here. MR. REARDON: None of that is in here, not a single inspection has been done yet. you don't know the purview of the inspectors, they might decide, well, I don't like the look of that. That looks like its weeping, that looks like it has got mold, you never know. Then the homeowner is in for some mitigation, for some expenses. And like I said in the beginning, this is all about money. Okay, the renewal of the permit application, we have got to renew every year? COUNCILWOMAN DOHERTY: Every two years. MR. REARDON: Every two years, so we apply with the $100 fee and it's good for one year? COUNCILWOMAN DOHERTY: So you pay $200 and get a two year permit. MR. REARDON: Okay. What was the $100 for? COUNCILWOMAN DOHERTY: $100 a year. Public Hearing-Rental Permits October 23, 2018 page 32 MR. REARDON: Oh, so the initial fee is really $200 for two years. COUNCILWOMAN DOHERTY: Right. It's a two year permit. MR. REARDON: And at the end of that, you have to resubmit 90 days ahead of time. And will there be a re-inspection upon the application? COUNCILWOMAN DOHERTY: Yes. Yes. MR. REARDON: And this is to make sure I haven't altered my CO? COUNCILWOMAN DOHERTY: Correct. MR. REARDON: And that presumption is being made on what? Why am I being presumed I altered my CO when I am just conducting business? COUNCILWOMAN DOHERTY: So then you should have no problem with us inspecting again. MR. REARDON: Why should there be another inspection which incurs more code enforcement officers which incurs a larger budget which increases our taxes which increases the rent? Makes affordably housing less affordable. SUPERVISOR RUSSELL: I am sorry, you lost me on that. The reason for the inspection every other year is to make sure people haven't made substantial alterations, which incidentally happens all the time. In fact, I had a discussion with the Southold Town fire chief s council the other night about this, about houses being divided up on the inside. The inspection in say January 2019, the interior of that home, might not be the same in 2021, that's the reason for the revisit every other year. MR. REARDON: That's true. But Scott, in all good interest, the discussion you are having with somebody regarding that topic does not apply to the entire town. I own a house and I have not made any changes in it... COUNCILWOMAN DOHERTY: Well, the inspection.... MR. REARDON: I don't think the town should presume that the house has been altered to the point where they need to re-inspect. COUNCILWOMAN DOHERTY: Yes, but we have to apply laws evenly. We can't just assume, oh, we trust him so we are not going to inspect him. Oh, I don't about that guy so we'll inspect him. MR. REARDON: I am not asking you to apply your laws separately. SUPERVISOR RUSSELL: Why should we presume that you haven't made alterations? Public Hearing-Rental Permits October 23, 2018 page 33 MR. REARDON: Why should you presume that we are making alterations? SUPERVISOR RUSSELL: We are verifying that you haven't. We have no presumption. What we are doing is verifying that you haven't. Why would you presume that you hadn't, why would we presume that anybody hasn't. You know, what I am hearing, one of the things that kind of bothers me is hey, we are the good guys leave us alone, go after the bad guys. And I don't know how you do that as part of the Southold Town code and frankly, I don't want to live in a town that starts saying we are going after him because we think he is up to no good but you know what, they are okay, let's ignore them. That's not how town government should conduct itself. Absolutely not. MR. REARDON: I wasn't alluding to that and if you interpreted that, I apologize for... SUPERVISOR RUSSELL: It seems to be a recurring theme this evening. MR. REARDON: No, I don't think I said that though. SUPERVISOR RUSSELL: No, fair enough. MR. REARDON: So where were we? Okay, the revoking of a permit. So now we are going to revoke a permit and I get 90 days for excuse me for a moment, so the permit could be revoked for reasons of morals and welfare based on the home, the code enforcement officers inspection. And then I would have to apply for a you know, reapplication or re-upping of my application or permit. So the revocation of the permit seems somewhat ehhh to me, and the appeal process is an additional fee of$200 for responding to a summons I received from the town based on what could be just an interpretation not necessarily a health or safety, something that it truly deserves a permit revocation. So that seems a little vague as well. The penalties, if we could go to 207-12 and please don't take this personally but they are ridiculous. A fine of no less than $500 and up to $5,000 for the first occurrence, that's crazy. That really does push affordable housing out. If somebody is a systemic violator, than yes, they should be penalized but that seems like an excessive amount to me. And a second violation of$1,000 to $10,000, probably put people out of business. You know it might make people be like, I am just going to sell my house and do what everybody tells me to do. COUNCILMAN GHOSIO: Just for clarity, I am trying to draw the parallel that you are, that somehow the size of the fines relate to affordable housing, I am not getting that. MR. REARDON: As a businessman, if I am fined and I think it's for something like if I put a confederate flag in front of my house, now that's a moral thing, alright? COUNCILMAN GHOSIO: Depending on however you look at it. MR. REARDON: Depends but whatever, it's my house, it's my property, it's my right to say what I want to say I can say it and you guys (inaudible) now, that's a fee that I have got to pass down the road. That's just an example, I am sure there are other examples that are out there. Public Hearing-Rental Permits October 23, 2018 page 34 SUPERVISOR RUSSELL: I would say that certainly that's a fair point. I just want to clarify that that's actually consistent with every other aspect of the Southold Town code with regard to the minimum, the floors and the ceilings that are created by fines. That is consistent with most of chapter 280 which is what a lot of the fines are like. COUNCILMAN GHOSIO: Yes but I am trying to get somewhere with this, I am still not drawing that parallel because assuming, presumes that you have affordable housing to begin with. I think if you asked most anybody here, there aren't any affordable rentals here in town anyway that would be affordable unless they violate this anyhow. Do you understand what I mean? MR. REARDON: Can you say that again? COUNCILMAN GHOSIO: I don't see how it would relate because we are not really talking about affordable housing and affordable renting here because there really isn't any affordable rentals available, that's part of the problem. MR. REARDON: Bob, what do you consider affordable? COUNCILMAN GHOSIO: Well... SUPERVISOR RUSSELL: Southold Town has criteria. COUNCILMAN GHOSIO: yes, we have criteria but I mean, just offhand, $1,000 a month, $1,500 a month, it depends upon you know, Mr. Glover's employees make whatever they make. My employees may make more than that, so it depends upon.... MR. REARDON: So it's a relative term. COUNCILMAN GHOSIO: It's a relative term, but I can tell you at $500 a night which is what they are getting for some weekend rentals and short term rentals or $5,000 a month for a three bedroom ranch is not what I would consider affordable or workforce housing. So, you know, if you are in violation of this and you get hit with a $500 or $5,000 fine, at $500 a night for weekends and short term rentals, that's just the cost of doing business. MR. REARDON: Well, I am not doing that business. I have an annual rental and I am renting it for as little as I can to tow its own weight to people that work very hard around here and if I were to be slapped for a fine for what I consider to be irrelevant, that is an additional cost of doing business and that is going to be passed on to the tenant. It has to be. COUNCILWOMAN DOHERTY: Well, if you don't violate, then you don't have to worry about that fine. MR. REARDON: If we don't have code inspectors that have a completely uniform belief in what they are inspecting... Public Hearing-Rental Permits October 23, 2018 page 35 COUNCILWOMAN DOHERTY: Your CO spells out what you have. And they are going to go in and say if you have this, this or this, you are good. MR. REARDON: I understand, I am just trying to state for us, we don't need any more fees, we don't need to be like oh, this, oh, this. COUNCILWOMAN DOHERTY: And that's why we are trying to make it $100 a year which is very minimal in my book. I rent and if my landlord raises my rent, I am going to consider moving in with my parents at 54 years old. That's what it is out here. And this is not a rental code for affordable housing and that's going off what we are here for. We have affordable housing issues that we are constantly struggling with every day and there's regulations from the federal government to the state to the county that people that want to do affordable housing have to consider, so this is not part of affordable housing, this is part of doing a rental code for the town. MR. REARDON: I understand. We are renting to the people who are considered affordable housing tenants, so that's why it is being brought up. Thank you. Okay. The implementation of the law, I see it is going to be implemented when you vote on it and there will be no penalty imposed until August 1, 2019. At the previous meeting, everyone asked that it be postponed, implementation until 1/1/20. And that seemed to be a good idea, give everybody time to ramp up and figure out and I am going to restate that request, it was made by more than one person, that the implementation regardless of when the law is passed doesn't happen until at the earliest 1/l/20 and then a grace period as you state for as the inspections go through and stuff like that. Okay? It gives everybody more lead time which you are going to need and it gives you processing time which too, as we have heard, you are going to need. The transfer of the permit to subsequent buyer, haven't addressed, I mean that has been spoken about but it needs to be hammered out if there's going to be a refunding of the fee for the number of the months you have not used the permit or if it's going to be transferrable to a home purchase or something to that effect and except for, that's pretty much it. I do want to state that I did write a letter to each Town Board member requesting that I, I volunteered to help draft your revisions since the last board meeting and I heard nothing back from anybody so now I am going to say verbally that I am hoping you do not vote on this law tonight and that you take some input from the community residents that want to have input, I mean, looking at the attendance tonight it's about 15 to 2 of people who don't want it versus people who do want it, so it looks like some revision might be necessary. Thank you all for your time. COUNCILWOMAN DOHERTY: Thank you. SUPERVISOR RUSSELL: Thank you. I would say that was a fair point, I do hope that people recognize that this has been scaled back so often that we really do take the public hearings and the input from the residents very seriously, if we didn't have separate meetings to include, I know Tom, you have offered and stuff, well, then we are remiss but we really have taken a substantial amount of public input and produced a law that has been scaled back a great deal based on your contributions. Public Hearing-Rental Permits October 23, 2018 page 36 MR. REARDON: Thank you very much. I know that that's your job as our representatives to take our points of view in mind and should you have a meeting where there's a revision, I am available if nothing else,just sit in the room and eh. SUPERVISOR RUSSELL: Okay. I just want everyone that hasn't spoken to go first. MR. LADEMANN: Scott, I happened to last night go to the Southold Town Chiefs Council meeting and the guys want the fire marshal job, they are all for it. I mentioned I was coming here tonight and the problems and I told them the last meetings, I told them how it went that more people were against it and I you know, I got into that and told them about the meeting tonight and not one of them came and said after one of the meetings that we had earlier that they said the fire departments were for this. not one of them come to me and there were six chiefs and there were departments not only from Southold, we had one from Shelter Island and one from Jamesport but nobody said that they were backing this law, that it was very important for the fire service. I just wanted to mention that, that I did go because I always go to the meetings. SUPERVISOR RUSSELL: I had a meeting with the Chief s council Thursday night and in fact I can tell you, all, and we had a long discussion as I have with them in the past and what they want is us to do something about what's taking place inside these homes because of unsafe conditions for the occupants and frankly for themselves. So we discussed on the vehicle for doing that would be a rental permit, which is how we can access the home to make sure those unsafe conditions. MR. LADEMANN: What meeting was this? SUPERVISOR RUSSELL: The meeting Thursday night at Pace's restaurant. I believe the.... MR. LADEMANN: You are talking about Southold Town (inaudible) SUPERVISOR RUSSELL: There was actually representatives from every single fire department. Every single fire department was there. COUNCILWOMAN DOHERTY: And I personally gave this, went to each fire department and gave them a copy of this and asked them to make comments, good. bad or indifferent. MR. LADEMANN: How many comments did you get? COUNCILWOMAN DOHERTY: Zero. MR. LADEMANN: Inaudible. COUNCILWOMAN DOHERTY: They want something done... SUPERVISOR RUSSELL: They want us to inspect these houses and they have come to understand the only way to do that is to create a rental permit. And again. I was at the Chiefs council meeting the other night and we talked about it for some time and they recognize that. Public Hearing-Rental Permits October 23, 2018 page 37 MR. LADEMANN: Inaudible. SUPERVISOR RUSSELL: The Southold Fire Chiefs council was Thursday night at Pace's restaurant. Bruno Semon, Norm Reilly, I could tell you everybody that was there. Every single department was represented. MR. LADEMANN: Inaudible. SUPERVISOR RUSSELL: We had, every department was represented Thursday night. MR. LADEMANN: Inaudible. TOM MCCARTHY: Good evening, Tom McCarthy, Southold. Thank you for the opportunity to speak. First and foremost, I am not in favor of the code. I understand the intention behind it, I understand life, safety, welfare of the residents of town and I applaud you for all the work you put into it. I sincerely acknowledge where we started which was something quite larger and it's been scaled back, scaled back, scaled back and I compliment you for listening to the people of the town because I wholeheartedly believe you have done that with every step and I hope tonight is another step but not a vote, another step to listen to the voice of the room and whomever has communicated with you via letters, email or what have you. I would like to speak to just a few points in the code, I would like to reiterate Pat Moore's comments earlier. we did look at the code and she submitted her notes based on the conversations as well as Marie Beninati's well- spoken words on behalf of realtors and owners in the town. There's a few things in here, one of the big issues that I see is unintended consequences and I think I spoke about that previously and I think there will be unintended consequences. One of the issues here that I see is a certification on an inspection report that we meet all applicable housing, sanitary, electrical, building, fire codes rules and regulations. We would need to get, if this was to move forward, I would suggest that it meet it at the time the CO was issued to the home. So to Pat's point earlier, if you have a CO, then we are presuming it's meeting it unless there has been some other alterations. So I would look to get some specificity in the code that would actually come out and state that because it doesn't and I think it's really a gray area. So there are new wind codes, are we certifying with the inspector or the engineer that we are complying with all of the codes or just the ones that were relevant at the time the structure achieved or would have qualified for that certificate of occupancy. I think that's a big deal. SUPERVISOR RUSSELL: I would believe so Tom, but I think you know for a while that once that CO was issued, CO'd against that house and all that's all that was required to the state building code that was required at the time the CO was issued. Alterations would change the game and you know that, too. MR. MCCARTHY: Yes I understand that but this lacks specificity and I think it leaves it open to interpretation because it is extremely broad, so were this to move forward, I would really like to get it to whatever that governing document is at the time that that governing documents was issued by the town. As we know, a lot of our building department records aren't to the same standard that they are today. the ones that were issued in the late 50's. when we started zoning in '57 and go into the 60's, did not have floor plans. They had a survey drawn out on the back of Public Hearing-Rental Permits October 23, 2018 page 38 the building department application. So you may just have a CO for a single family dwelling and there is no backup documentation as to how many bedrooms what have you. I think that's a difficulty and it leaves a lot of latitude for the building inspector perhaps, to give someone a hard time, not that I think they are predisposed to do that. I work well with all the building inspectors but it leaves a lot of latitude here where this is not specific. So you don't have floor plans for every house in this town. You also have older homes that would be perhaps built in the 1800's or 1700's, obviously you know, perhaps they have a pre-existing CO. Your code is talking to us about applying for the number of people that we want to have in the house. Jill, you responded to a question earlier, my question is under what standard will the building department approve that request? SUPERVISOR RUSSELL: New York State building code. MR. MCCARTHY: Okay. So I grew up in a bedroom, in a home that had a CO that's about as big as my walk in closet is right now in my home. I don't think that that would comply. Okay, today, if it was held to that standard and I believe that there are homes out there that don't have specific number of rooms that are used as bedrooms, that would not comply with today's standards. I think that's a difficulty that needs to be ironed out. SUPERVISOR RUSSELL: I would agree, Tom. And growing up and being friends with your family for years, the size of your family, the Capital One building in Mattituck wouldn't have been big enough. MR. MCCARTHY: We used to say the first one up was the best one dressed. So I think we really need to define what is that standard that we are going to hold this to, so it's not up to the subjective stance of whoever is walking into that property. So I think if this was to move forward, which I am not in favor of, I think everyone here is looking for objectivity. And I think that's what we deserve is objectivity. In addition to that, there was a revocation of permit, it says the violation of multiple residence law, this is under 207-9 revocation of permit, third line up from the bottom, a violation of multiple residence law and/or New York State Uniform fire prevention and building code or a violation of this chapter or other chapter of the town code. Can you tell me about that? What other chapters of the town code could someone have a violation on that their rental permit would be held up? COUNCILWOMAN DOHERTY: So do you remember the first copy that we had of this proposal, that had all those, that answered your question. We had all those things in this... MR. MCCARTHY: Right but I still disagree with it. If Mrs. McGillicuddy has a bluestone driveway and paid to have it paved yesterday, didn't know that she should have drainage under the town's stormwater prevention code, she can't get a rental permit. COUNCILWOMAN DOHERTY: She should know the code. MR. MCCARTHY: Mrs. McGillicuddy may not know the code. COUNCILWOMAN DOHERTY: Right, so we will work with her. Public Hearing-Rental Permits October 23, 2018 page 39 MR. MCCARTHY: Unintended consequences. COUNCILWOMAN DOHERTY: And we will work with them, we are not going to go give her a violation, we are going to work with her and let her know... SUPERVISOR RUSSELL: We have removed most of that from the code (inaudible). MR. MCCARTHY: I understand that but there's this one sentence in here that says if you are in violation of A, B and C or other chapter of the town code. SUPERVISOR RUSSELL: Good point. MR. MCCARTHY: That leaves way too much out there for subjective interpretation. SUPERVISOR RUSSELL: Good point. MR. MCCARTHY: It's a catchall and I think it's extremely dangerous. SUPERVISOR RUSSELL: It's a fair point. MR. MCCARTHY: Okay, so I think we really need to say if it's the health, safety and welfare that we are really going for, let's focus on the health. safety and welfare. Whether it's egress, whether it's the number of people in the unit, whether it's smoke and carbon monoxide detectors, what is it that we are looking at and let's focus on that as opposed to having a catchall that says anything else in the town code. In addition to that, I think you have difficulties if there is a revocation of the permit and the landlord has a lease with a tenant, that he may not be able to comply. I don't think that's addressed in here, you may have a one year lease or a two year lease and for some reason you are trying to comply with the code and you can't and the permit gets revoked, what do you do? You have a tenant in there, you have a disconnect between the commerce and the permit. SUPERVISOR RUSSELL: It's one of the troubling aspects of the code. MR. MCCARTHY: I believe that there should be a transfer function, as numerous other speakers discussed. There's nothing to that, so if someone is buying a home that has a tenant in it, not all homes are transferred where someone has the intention of occupying it, they might want to keep that tenant in it. If we don't have a function to say that's a legal use and the tenants can continue to stay, I think that's a cog in the wheel. COUNCILWOMAN DOHERTY: That would just be they come in and change the application. MR. MCCARTHY: I think that we need to talk about that. COUNCILWOMAN DOHERTY: Well, we can make that clear. Public Hearing-Rental Permits October 23, 2018 page 40 MR. MCCARTHY: This legislation, if we go forward, that there's a clear, concise method where a buyers attorney can look at your code and say yes, this is doable and you are not taking in... COUNCILWOMAN DOHERTY: Yes, we can add something in saying any changes.... MR. MCCARTHY: Should you move forward, I am going to ask respectfully that we track what's going on with it, if it does go forward. COUNCILWOMAN DOHERTY: By all means. MR. MCCARTHY: What are the difficulties, what are the violations? COUNCILWOMAN DOHERTY: By all means. MR. MCCARTHY: And I would also ask that we have a transparent process through Betty's office, through the Town Clerk, she does a great job. What other comments have come in and can the public see the other comments that have come in on this legislation through the town's website. I don't know if that's available to us but I would like to see what the rest of the public is saying about this piece of legislation. I think it's fair to everyone. COUNCILWOMAN DOHERTY: You can come and see the file. It's not on the website but it's in the file. SUPERVISOR RUSSELL: It's part of the public record. MR. MCCARTHY: We would find that on the website? TOWN CLERK NEVILLE: It's not on the website, no. SUPERVISOR RUSSELL: They would have been part of the record. If there is written communications with respect to this, wouldn't that have been read as part of the public record? TOWN CLERK NEVILLE: Yes, they would have. COUNCILMAN GHOSIO: There wasn't anything in the file. MR. MCCARTHY: Mr. Reardon mentioned. . COUNCILWOMAN DOHERTY: We have his letter. MR. MCCARTHY: But that hasn't been brought up until now or else until he brought it up, what else is part of the.... SUPERVISOR RUSSELL: His letter to offer to work with us after the previous legislation which was in fact not acted on, writing emails offering to work with the Town Board isn't part of Public Hearing-Rental Permits October 23, 2018 page 41 the public record. Part of the public record is specific comments regarding specific piece of legislation, the public record is part of the public hearing. MR. MCCARTHY: Okay, I don't know if there's been any other communication that perhaps I can reach out, so there's nothing else in the public record. COUNCILMAN GHOSIO: There wasn't anything in the file. MR. MCCARTHY: Okay. What is the limit of the building inspectors permissions on that property? Is it to the dwelling unit that is seeking the permit? Is it to the rest of the house, is it to an accessory structure, is it to the yard? What will we be giving permission to, once we sign that application, can that building inspector have full run of our entire property? COUNCILWOMAN DOHERTY: It's what you are applying for. If you are applying for one unit, he is going to make sure that one unit has the CO. MR. MCCARTHY: So this is going to be addressed on a dwelling unit, not on a physical address. So it it's got a swimming pool, if it's got a shed, it it's got a detached garage, what is being covered under the permit? SUPERVISOR RUSSELL: You are talking about permitted CO's.... MR. MCCARTHY: No, let's say you have a rental permit, you are asking us to get a rental permit for a dwelling unit, however dwelling unit is defined and it also says if there is any violations on the property, if somebody has a l Ox 12 shed and doesn't have a permit, they can't get a rental permit because the most you can have is 100 square feet under the code. Or if there is a falling down garage way in the corner and it may not meet the housing code and it's 75 feet away from the dwelling unit because that's falling down. SUPERVISOR RUSSELL: With all due respect, the building inspector is a constitutional officer of the State of New York, he can go and violate you whether you apply for a rental permit or not. If you have something in place... MR. MCCARTHY: I understand. SUPERVISOR RUSSELL: ...that is not permitted by code. MR. MCCARTHY: I 100 percent agree with you, but it does create a double standard for those that are seeking a permit and those that are not. And I think that we spoke about that previously, those that are not seeking a permit. COUNCILWOMAN DOHERTY: Well. everyone should have a CO, whether they are renting it out or not, I have said that several times. SUPERVISOR RUSSELL: It's a fair point. Public Hearing-Rental Permits October 23, 2018 page 42 MR. MCCARTHY: I agree with you Jill but I think it's a double standard, those that are going for a rental permit have a different set of rules that are being applied to them on their property versus those that are not. COUNCILWOMAN DOHERTY: But don't you think if an owner of a house is renting out their house that they have the responsibility to make sure that house is safe for the people who are renting it? That are not familiar with the house? MR. MCCARTHY: Yes but I guess it goes to, I am a landlord and I have a larger parcel that I rented to a tenant and I specified on the survey what was included in the lease. Some people may do that, some may not. Where do we go with it in those cases? Is it the entire property that is being permitted or is it just the dwelling unit? There is a disconnect here because it is not specific. So I think there can be some unintended consequences if we haven't thought that through. Accessory structures, other things. If you get a rental permit for the dwelling unit, does that mean that the pool is safe? COUNCILWOMAN DOHERTY: If the pool has a CO itself that's attached to that dwelling unit or not... MR. MCCARTHY: So then is the building inspector going to inspect the non-permitted dwelling unit, the rest of the house? SUPERVISOR RUSSELL: It's a good point because he probably would have no choice but to address an unsafe pool as a matter of law and as a matter of underlying liability. MR. MCCARTHY: So if I have a 2,000 square foot house and a 700 square foot apartment, he is not just coming into the apartment, he's coming into the whole house. Is that what we are saying? COUNCILWOMAN DOHERTY: You would have to have an 850 square foot apartment. MR. MCCARTHY: Unless it's affordable which could be less. COUNCILWOMAN DOHERTY: Correct. SUPERVISOR RUSSELL: The intent is to inspect the rental unit, not the dwelling or the principal... MR. MCCARTHY: Thank you. The code doesn't specify that and I think it leaves the latitude... SUPERVISOR RUSSELL: It's not a rental, it's not a rental. If you are an owner occupant of your home, it's not a rental. This is a rental code, it wouldn't apply. MR. MCCARTHY: So we don't need to supply a permit for, a permitted CO for the pool? Do you see what I am saying, there is a disconnect in the language of this, what we have to provide Public Hearing-Rental Permits October 23, 2018 page 43 in order to get a CO and what is the limit of inspection that the building inspector will come in and look at? COUNCILWOMAN DOHERTY: Well, I would assume the scenario that you describe, if the pool is not part of this dwelling unit, the inspector surely is going to make sure there's a fence around the pool. That somebody can't... SUPERVISOR RUSSELL: Inaudible. The intent.... MR. MCCARTHY: Where does it stop? SUPERVISOR RUSSELL: The intent is to insect the rental unit. If there are violations on site, particularly because the intent here is to protect the public health, safety and welfare and if those violations jeopardize that, then he has no choice but to act. In fact, I think it would be malfeasance if he... MR. MCCARTHY: So he would be charged with (inaudible)... COUNCILWOMAN DOHERTY: He is now. If he drives down Bray Road and he sees something, he can go and look on that property. MR. MCCARTHY: So just for clarity, if you apply for a rental permit, the building inspector can come in and look at the rental dwelling unit as you have it defined for what you are looking for as well as the rest of the property and what you are not applying for? Are we saying that? SUPERVISOR RUSSELL: What I would suggest is, you know full well that the building inspector has an obligation to address unsafe conditions, where I think you're right is the standard that we are getting, we are getting an additional onus because we are welcoming or we are required to bring an inspection on site, rather than if we didn't and you know, how come other people can get away with it and we can't? Because we applied for a permit, is basically what you are saying? COUNCILWOMAN DOHERTY: And that comes back to my comment earlier, that we have a long term plan of building our code enforcement office because we have that lack (inaudible)... MR. MCCARTHY: But I don't think the audience here doesn't want to live in a police state. COUNCILWOMAN DOHERTY: No, no and we don't want that. MR. MCCARTHY: No. I know you don't Jill and I know you are very well meaning and I appreciate everything you have here but the code lacks specificity as to what permission am I giving you? Is it just the dwelling unit, is it the whole property, is it the rest of my house. is it the basement? To someone else's point is it the electrical panel? I replaced the boiler and didn't get permit? Somebody noticed it was a new boiler, where do we go and where do we stop? So I think we really need to think about those things to give specific powers to those who are authorized to go into our homes under the guise of health, safety and welfare because there are a Public Hearing-Rental Permits October 23, 2018 page 44 lot of unexpected consequences so to speak. Just back and I appreciate your time, affordable housing, I think it's a journey and I think you are on that journey. I think we started many years ago, I think you are getting up to speed now and I commend you for what you are doing for accessory apartment regulations, detached dwellings, accessory dwellings and the other things that are going on and I think you really, it seems like it's a real priority, I appreciate that. Median price for a single family home in Southold last year, for non-waterfront was $550,000. That was median, half sold above, half sold below and we know that's not affordable and I think as a community we need to do something with rental housing, with multiple housing types for all sorts of folks and just as a contrast to the gentleman that left earlier, he spoke about it wasn't his intention to buy a home and have someone rent next door to him, I take exception to that because I think it's a free market and an efficient market accepts multiple participants and if there's a house that needs work that gives work to our tradesmen that provides money into the economy and not everyone just has the ability to buy a home and live in it, so the expectation is that perhaps it should be well-kept but as far as who the occupants are, you never know just as his next door neighbor didn't know who he was before he moved in. So, thank you very much. SUPERVISOR RUSSELL: Thanks, Tom. COUNCILWOMAN DOHERTY: Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular public hearing? (No response) This hearing was closed at 10:22 PM Eliza h A. Neville Southold Town Clerk 1 Southold Town Board - Letter Board Meeting of November 20, 2018 RESOLUTION 2018-990 Item # 5.3 TABLED DOC ID: 14608 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-990 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 20, 2018: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 25`" day of September, 2018, a Local Law entitled "A Local Law in relation to Rental Permits" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Rental Permits" reads as follows: LOCAL LAW NO. 2018 BE IT ENACTED by the Town Board of the Town of Southold as follows: I A new Chapter 207 of the Code of the Town of Southold, A Local Law entitled, "A Local Law in relation to Rental Permits" $ 207-1 Legislative intent. A. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code, Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to romote and encourage deterioration of the housing stock of the Town, create blight and 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 Town will be enhanced by enactment of the regulations set forth in this chapter. Generated November 20, 2018 Page 11 Southold Town Board - Letter Board Meeting of November 20, 2018 ` B Nothing herein shall be interpreted to supersede any requirements contained in Chapter 280, Chapter 100 or any other chapter of the Town Code of the Town of Southold. & 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICIAL - The official who is charged by the Town Board with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal,Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager,Town Engineer and such person(s) shall be certified as a New York State Code Enforcement Official; Code Enforcement Officer. DWELLING - A building designed exclusively for residential purposes. DWELLING, MULTIPLE-FAMILY - A building, other than an apartment house, designed for and occupied as a residence by three or more families living independently of each other. DWELLING, ONE FAMILY A detached building designed for and occupied exclusive as a home or residence by not more than one family. DWELLING, TWO-FAMILY A building arranged, designed for or occupied exclusive) as a home or residence for not more than two families living independently of each other. DWELLING UNIT A single unit within a building or structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. IMMEDIATE FAMILY The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER Any person, partnership, corporation or other entity who, alone or iointly with others, shall have legal title to any premises,with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. Generated November 20, 2018 Page 12 r Southold Town Board - Letter Board Meeting of November 20, 2018 RENT A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit,whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT - A dwelling unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY The 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. RENTAL OCCUPANCY PERMIT - A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. 207-3 Fees. Rental Permit fees shall be set by the Town Board by resolution. §207-4 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. $207-5 Inspections. A No permit shall be issued under any application unless the rental dwelling unit has a valid Certificate of Occupancy or Pre-Certificate of Occupancy. B The Code Enforcement Official is authorized to make or cause to be made inspections, to determine the condition of dwellings and to safeguard the health, safety, and welfare of the public The Code Enforcement Official or his designated representative is authorized to enter the subject premises upon the consent of the owner. C Search without warrant restricted Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. D Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court- ordered inspection. E Presumption of rent Any dwelling, dwelling unit, rooming house, rooming unit or any Generated November 20, 2018 Page 13 Southold Town Board - Letter Board Meeting of November 20, 2018 i other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable. §207-6 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. $207-7 Rental permit required. A It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental permit from the Code Enforcement Official. (1) It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subject premises, as defined in this chapter. B Rental permit application requirements. (1) Rental permit applications shall be in writing on a form provided by the Town and shall include the owner's name, address and telephone number. (2) Rental permits applications shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included (3) Rental permits applications shall include the maximum number of persons that are being requested to occupy the rental dwelling unit. (4) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand this Chapter of the Southold Town Code. (5) All applicants must submit the following documents: (a) Copies of all certificates of occupancy and/or pre-certificates of occupancy for the rental dwelling unit; (b) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules The owner shall notify the Code Enforcement Official of any change of address submitted pursuant to this section within five business days of any change thereto, and ; (c) Inspection report The owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his designee employed by the Town of Southold, or(2) provide to the Generated November 20, 2018 Page 14 Southold Town Board - Letter Board Meeting of November 20, 2018 Code Enforcement Official an inspection report, on a form provided by the Town, signed by either a New York State licensed professional engineer, New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. (6) Each application shall be executed and sworn to by the owner of the premises. (7) All rental properties containing eight or more rental units shall provide for a designated site manager,who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address, telephone number and other contact information with the Code Enforcement Official within five days of the designation of the manager or any changes thereto. C Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility licensed under federal,New York State or Suffolk County guidelines. D. Renewal of rental permits. (1) A renewal rental permit application signed by the owner shall be completed and filed with the Code Enforcement Official at least 90 days prior to the expiration date of any valid rental permit A renewal rental permit application shall contain a copy of the prior rental permit. (2) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises pursuant to 207-7 B(5c) above. (3) The Town of Southold shall not accept, review or approve any renewal rental application for a rental dwelling unit dwellings wherein the prior rental permit expiration date has passed If the expiration date has passed,the owner must file a new application. X207-9 Revocation of permit. A The Code Enforcement Official may revoke a rental occupancy permit where he or she finds that 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 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request Generated November 20, 2018 Page 15 Southold Town Board - Letter Board Meeting of November 20, 2018 of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. C Any permit holder that takes an appeal to the Town Board from the revocation of a rental permit shall be required to pay an administrative fee$200.00 to the Town Clerk with the written request for the appeal. &207-10 Broker's/Agent's responsibility. A Broker's/Agent's responsibility prior to listing No Real Estate Broker or agent shall list or otherwise advertise, or offer for lease any rental dwelling unit for which_a current rental permit has not been issued by the Code Enforcement Official. $207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. $207-12 Penalties for offenses. A Any person, association, firm or corporation that violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine not less than $500 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B Each week's continued violation shall constitute a separate additional violation. C This section is enacted pursuant to Municipal Home Rule Law .4 10(1)(H) a(9-a) and 10(1)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments,_and is intended to supersede Town Law $ 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. &207-13 Implementation. Il. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment. Generated November 20, 2018 Page 16 Southold Town Board - Letter Board Meeting of November 20, 2018 III. Effective Date. This chapter shall be effective upon filing with the Secretary of State. However, in order to afford property owners a sufficient amount of time to apply for and obtain a rental permit as set forth herein, no violation of this chapter will be charged prior to August 1, 2019 and no violation for failure to obtain a permit shall be issued to a person or entity that: A. Has filed the necessary application in proper form with all required information and attachments on or before August 1, 2019, and; B. Has not received a final determination on the application on the application for reasons over which the applicant has no control. Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 12/4/2018 7:30 PM MOVER: James Dinizio Jr, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans ABSENT: Scott A. Russell Generated November 20, 2018 Page 17 ® RESOLUTION 2018-990 'f��� TABLED DOC ID: 14608 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-990 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 20,2018: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 25th day of September, 2018, a Local Law entitled"A Local Law in relation to Rental Permits" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Rental Permits" reads as follows: LOCAL LAW NO. 2018 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 207 of the Code of the Town of Southold, A Local Law entitled, "A Local Law in relation to Rental Permits" 207-1 Legislative intent. A. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code,Building Rehabilitation Code,Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and 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 Town will be enhanced by enactment of the regulations set forth in this chapter. B. Nothing herein shall be interpreted to supersede any requirements contained in Chapter 280, Chapter 100 or any other chapter of the Town Code of the Town of Southold. 1 Resolution 2018-990 Board Meeting of November 20, 2018 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICIAL - The official who is charged by the Town Board with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector,Principal Building Inspector, Senior Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a New York State Code Enforcement Official; Code Enforcement Officer. DWELLING -A building designed exclusively for residential purposes. DWELLING, MULTIPLE-FAMILY - A building, other than an apartment house, designed for and occupied as a residence by three or more families living independently of each other. DWELLING, ONE-FAMILY-A detached building designed for and occupied exclusively as a home or residence by not more than one family. DWELLING, TWO-FAMILY -A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other. DWELLING UNIT -A single unit within a building or structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. IMMEDIATE FAMILY- The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER-Any person, partnership, corporation or other entity who, alone or iointly with others, shall have legal title to any premises,with or without accompanying actual possession thereof, or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. RENT -A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit,whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. Updated: 11/7/2018 3:06 PM by Lynda Rudder Page 2 Resolution 2018-990 Board Meeting of November 20, 2018 RENTAL DWELLING UNIT -A dwelling unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY-The 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. RENTAL OCCUPANCY PERMIT -A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. §207-3 Fees. Rental Permit fees shall be set by the Town Board by resolution. 4207-4 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. 4207-5 Inspections. A. No permit shall be issued under any application unless the rental dwelling unit has a valid Certificate of Occupancy or Pre-Certificate of Occupancy. B. The Code Enforcement Official is authorized to make or cause to be made inspections, to determine the condition of dwellings and to safeguard the health, safety, and welfare of the public. The Code Enforcement Official or his designated representative is authorized to enter the subject premises upon the consent of the owner. C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. D. Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court- ordered inspection. E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subiect to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This Presumption shall be rebuttable. 4207-6 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or Updated: 11/7/2018 3:06 PM by Lynda Rudder Page 3 Resolution 2018-990 Board Meeting of November 20, 2018 fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. §207-7 Rental permit required. A. It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental permit from the Code Enforcement Official. (1) It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subiect premises, as defined in this chapter. B. Rental permit application requirements. (1) Rental permit applications shall be in writing on a form provided by the Town and shall include the owner's name, address and telephone number. (2) Rental permits applications shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included (3) Rental permits applications shall include the maximum number of persons that are being requested to occupy the rental dwelling unit. (4) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand this Chapter of the Southold Town Code. (5) All applicants must submit the following documents: (a) Copies of all certificates of occupancy and/or pre-certificates of occupancy for the rental dwelling unit; (b) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Code Enforcement Official of any change of address submitted pursuant to this section within five business days of any change thereto, and ; (c) Inspection report. The owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his designee employed by the Town of Southold, or(2) provide to the Code Enforcement Official an inspection report, on a form provided by the Town, signed by either a New York State licensed professional engineer, New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. (6) Each application shall be executed and sworn to by the owner of the premises. (7) All rental properties containing eight or more rental units shall provide for a designated site manager,who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address, telephone number and other contact information with the Code Enforcement Updated: 11/7/2018 3:06 PM by Lynda Rudder Page 4 Resolution 2018-990 Board Meeting of November 20, 2018 Official within five days of the designation of the manager or any changes thereto. C. Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility licensed under federal, New York State or Suffolk County guidelines. D. Renewal of rental permits. (1) A renewal rental permit application signed by the owner shall be completed and filed with the Code Enforcement Official at least 90 days prior to the expiration date of any valid rental permit. A renewal rental permit application shall contain a copy of the prior rental permit. (2) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises pursuant to 207-7 BOO above. (3) The Town of Southold shall not accept, review or approve any renewal rental application for a rental dwelling unit dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed, the owner must file a new application. 4207-9 Revocation of permit. A. The Code Enforcement Official may revoke a rental occupancy permit where he or she finds that 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 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B. An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. C. Any permit holder that takes an appeal to the Town Board from the revocation of a rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk with the written request for the appeal. &207-10 Broker's/Agent's responsibility. A. Broker's/Agent's responsibility prior to listing. No Real Estate Broker or agent shall list or otherwise advertise, or offer for lease any rental dwelling unit for which a current rental permit has not been issued by the Code Enforcement Official Updated: 11/7/2018 3:06 PM by Lynda Rudder Page 5 ' v Resolution 2018-990 Board Meeting of November 20, 2018 4207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. 4207-12 Penalties for offenses. A. Any person, association, firm or corporation that violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine not less than $500 and not exceeding$5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. C. This section is enacted pursuant to Municipal Home Rule Law & 10(1)(ii) a(9-a) and -4 10(1)(ii)d(3) and pursuant to 4 10(5) of the Statute of Local Governments, and is intended to supersede Town Law & 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. 4207-13 Implementation. 11. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adiudged by any court of competent Jurisdiction to be invalid, such iudgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said iudement. III. Effective Date. This chapter shall be effective upon filing with the Secretary of State. However, in order to afford property owners a sufficient amount of time to apply for and obtain a rental permit as set forth herein, no violation of this chapter will be charged prior to August 1,2019 and no violation for failure to obtain a permit shall be issued to a person or entity that: A. Has filed the necessary application in proper form with all required information and attachments on or before August 1,2019, and; B. Has not received a final determination on the application on the application for reasons over which the applicant has no control. O�as*7,Z?� Elizabeth A. Neville Southold Town Clerk Updated: 11/7/2018 3:06 PM by Lynda Rudder Page 6 Resolution 2018-990 Board Meeting of November 20, 2018 RESULT: TABLED [UNANIMOUS] Next: 12/4/2018 7:30 PM MOVER: James Dinizio Jr, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans ABSENT: Scott A. Russell Updated: 11/7/2018 3:06 PM by Lynda Rudder Page 7 Rudder, Lynda From: Russell, Scott Sent: Thursday, November 15, 2018 1:12 PM To: Rudder, Lynda Subject: FW: Paul Loeb - Notes on Revised Proposed Rental Code Attachments: 8 13 2018 revised rental code clean.docx From: Loeb, Paul [mailto:Paul.Loeb@elliman.com] Sent: Tuesday, October 09, 2018 8:22 AM To: Russell, Scott; William Ruland; Evans, Louisa; Doherty, Jill; Dinizio, James; Ghosio, Bob; Duffy, Bill; Hagan, Damon Subject: Paul Loeb - Notes on Revised Proposed Rental Code The newer version is greatly improved. Here are my thoughts/notes on the newest version. 207-7 B (2) Confusing if a multi family home. Sounds like you need description, measurements and separate permit for each unit. Also, many landlords will opt to have professional drawings done rather than take the time to measure rooms around existing tenants and this will take time and money. This will cause a run on professionals who do drawings. These professionals are usually smaller businesses and these professionals might charge higher fees based on demand and I anticipate it will be hard to meet current proposed deadline while waiting on these professionals. 207-7 B (3) What if I get the permit and it is for a single person and during the term of the tenancy the single moves out and a couple with an infant move in, do I need a new permit or need to notify town of change of amount of people? 207-7 B (5) (c) Many landlords will opt to hire professional to complete inspection report, causing a run on professionals who do inspections. These professionals are usually smaller businesses and these professionals might charge higher fees based on demand and I anticipate it will be hard to meet current proposed deadline while waiting on these professionals. 207-12 A (1) and (2) I recommend less restrictive language on minimum fines. Example "By a fine recommended to be not less than $500." This gives the code enforcer some wiggle room for extreme circumstances. Examples - Landlord hospitalized, Landlord has no money and is selling, landlord 1 can't do repair due to extreme weather, landlord has trouble tenant who is causing the violation and landlord has to evict tenant which takes time. The current language is unforgiving. PAUL LOEB r LICENSED REAL ESTATE SALESPERSON DOUGLAS EI i.IMAN REAL ESTATE DIRECT 631 333 4049 OFFICE 631 477.2220 MOBILE.631 553 5255 Paul.Loeb(cD-elliman.com 124 FRONT STREET,GREENPORT, NY 11944 MY LISTINGS FACEBOOK/TWITTER/GOOGLE+/YOUTUBE/INSTAGRAM/LINKEDIN At Douglas Elliman,we won't ask you for your social security number,bank account or other highly confidential information over email. "Wire Fraud is Real' Before wiring ANY money,call the intended recipient at a number you know is valid to confirm the instructions. 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Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the Company 2 Proposed Rental Permit Code Last revised 8 13 2018 A Local Law entitled, "A Local Law in relation to Rental Permits" 207-1 Legislative intent. A. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code, Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and 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 Town will be enhanced by enactment of the regulations set forth in this chapter. B. Nothing herein shall be interpreted to supersede any requirements contained in Chapter 280, Chapter 100 or any other chapter of the Town Code of the Town of Southold. § 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICIAL The official who is charged by the Town Board with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a New York State Code Enforcement Official; Code Enforcement Officer. DWELLING A building designed exclusively for residential purposes. DWELLING, MULTIPLE-FAMILY A building, other than an apartment house, designed for and occupied as a residence by three or more families living independently of each other. DWELLING, ONE-FAMILY A detached building designed for and occupied exclusively as a home or residence by not more than one family. DWELLING, TWO-FAMILY A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other. DWELLING UNIT A single unit within a building or structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. IMMEDIATE FAMILY The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children,parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises, with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. RENT A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT A dwelling unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY The 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. RENTAL OCCUPANCY PERMIT A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. § 207-3 Fees. Rental Permit fees shall be set by the Town Board by resolution. §207-4 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. §207-5 Inspections. A. No permit shall be issued under any application unless the rental dwelling unit has a valid Certificate of Occupancy or Pre-Certificate of Occupancy. B. The Code Enforcement Official 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 Code Enforcement Official or his designated representative is authorized to enter the subject premises upon the consent of the owner. C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. D. Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court-ordered inspection. E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable. §207-6 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. §207-7 Rental permit required. A. It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental permit from the Code Enforcement Official. (1) It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subject premises, as defined in this chapter. B. Rental permit application requirements. (1) Rental permit applications shall be in writing on a form provided by the Town and shall include the owner's name, address and telephone number. (2) Rental permits applications shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included (3) Rental permits applications shall include the maximum number of persons that are being requested to occupy the rental dwelling unit. (4) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand the Southold Town Code concerning the restrictions on the number of unrelated persons occupying said residence. (5) All applicants must submit the following documents: (a) Copies of all certificates of occupancy and/or pre-certificates of occupancy for the rental dwelling unit; (b) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Code Enforcement Official of any change of address submitted pursuant to this section within five business days of any change thereto, and ; (c) Inspection report. The owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his designee employed by the Town of Southold, or (2) provide to the Code Enforcement Official an inspection report, on a form provided by the Town, signed by either a New York State licensed professional engineer, New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. (6) Each application shall be executed and sworn to by the owner of the premises. (7) All rental properties containing eight or more rental units shall provide for a designated site manager, who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address, telephone number and other contact information with the Code Enforcement Official within five days of the designation of the manager or any changes thereto. C. Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility licensed under federal,New York State or Suffolk County guidelines. D. Renewal of rental permits. (1) A renewal rental permit application signed by the owner shall be completed and filed with the Code Enforcement Official at least 90 days prior to the expiration date of any valid rental permit. A renewal rental permit application shall contain a copy of the prior rental permit. (2) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises pursuant to 207-7 B(2) above. (3) The Town of Southold shall not accept, review or approve any renewal rental application for a rental dwelling unit dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed, the owner must file a new application. §207-9 Revocation of permit. A. The Code Enforcement Official may revoke a rental occupancy permit where he or she finds that 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 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B. An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. C. Any permit holder that takes an appeal to the Town Board from the revocation of a rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk with the written request for the appeal. §207-10 Broker's/Agent's responsibility. A. Broker's/Agent's responsibility prior to listing.No Real Estate Broker or agent shall list or otherwise advertise, or offer for lease any rental dwelling unit for which a current rental permit has not been issued by the Code Enforcement Official. §207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. §207-12 Penalties for offenses. A. Any person, association, firm or corporation that violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine not less than $500 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii) a(9-a) and § 10(1)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is intended to supersede Town Law § 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. §207-13 Implementation. I. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment. II. Effective Date. This chapter shall be effective upon filing with the Secretary of State. However, in order to afford property owners a sufficient amount of time to apply for and obtain a rental permit as set forth herein, no violation of this chapter will be charged prior to August 1, 2019 and no violation for failure to obtain a permit shall be issued to a person or entity that: A. Has filed the necessary application in proper form with all required information and attachments on or before August 1, 2019, and; B. Has not received a final determination on the application on the application for reasons over which the applicant has no control. Southold Town Board - Letter Board Meeting of November 7, 2018 RESOLUTION 2018-960 Item # 5.9 TABLED DOC ID: 14608 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-960 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7, 2018: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 25`h day of September, 2018, a Local Law entitled "A Local Law in relation to Rental Permits" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Rental Permits"reads as follows: LOCAL LAW NO. 2018 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 207 of the Code of the Town of Southold, A Local Law entitled, "A Local Law in relation to Rental Permits" § 207-1 Legislative intent. A. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, Buildinp_Rehabilitation Code,Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and 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 Town will be enhanced by enactment of the regulations set forth in this chapter. Generated November 8, 2018 Page 20 Southold Town Board - Letter Board Meeting of November 7, 2018 B. Nothing herein shall be interpreted to supersede any requirements contained in Chapter 280, Chapter 100 or any other chapter of the Town Code of the Town of Southold. § 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICIAL - The official who is charged by the Town Board with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal,Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a New York State Code Enforcement Official; Code Enforcement Officer. DWELLING -A building designed exclusively for residential purposes. DWELLING, MULTIPLE-FAMILY -A building, other than an apartment house, designed for and occupied as a residence by three or more families living independently of each other. DWELLING, ONE-FAMILY -A detached building designed for and occupied exclusively as a home or residence by not more than one family. DWELLING, TWO-FAMILY -A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other. DWELLING UNIT -A single unit within a building or structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. IMMEDIATE FAMILY - The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER - Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises,with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. Generated November 8, 2018 Page 21 Southold Town Board - Letter Board Meeting of November 7, 2018 RENT -A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit,whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT - A dwelling unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY -The 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. RENTAL OCCUPANCY PERMIT - A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. § 207-3 Fees. Rental Permit fees shall be set by the Town Board by resolution. §207-4 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. §207-5 Inspections. A. No permit shall be issued under any application unless the rental dwelling unit has a valid Certificate of Occupancy or Pre-Certificate of Occupancy. B. The Code Enforcement Official is authorized to make or cause to be made inspections, to determine the condition of dwellings and to safeguard the health, safety, and welfare of the public. The Code Enforcement Official or his designated representative is authorized to enter the subject premises upon the consent of the owner. C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. D. Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court- ordered inspection. E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any Generated November 8, 2018 Page 22 Southold Town Board - Letter Board Meeting of November 7, 2018 other premises subject to this chapter shall be presumed to be rented for a fee and a charp,e made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable. §207-6 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. 4207-7 Rental permit required. A. It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental permit from the Code Enforcement Official. (1) It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subiect premises, as defined in this chapter. B. Rental permit application requirements. (1) Rental permit applications shall be in writing on a form provided by the Town and shall include the owner's name, address and telephone number. (2) Rental permits applications shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included (3) Rental permits applications shall include the maximum number of persons that are being requested to occupy the rental dwelling unit. (4) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand this Chapter of the Southold Town Code. (5) All applicants must submit the following documents: (a) Copies of all certificates of occupancy and/or pre-certificates of occupancy for the rental dwelling unit; (b) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Code Enforcement Official of any change of address submitted pursuant to this section within five business days of any change thereto, and ; (c) Inspection report. The owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his desip,nee employed by the Town of Southold, or (2) provide to the Generated November 8. 2018 Page 23 Southold Town Board - Letter Board Meeting of November 7, 2018 Code Enforcement Official an inspection report, on a form provided by the Town, sip_ned by either a New York State licensed professional engineer,New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. (6) Each application shall be executed and sworn to by the owner of the premises. (7) All rental properties containing, eight or more rental units shall provide for a designated site manager,who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address, telephone number and other contact information with the Code Enforcement Official within five days of the designation of the manager or any changes thereto. C. Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility licensed under federal, New York State or Suffolk County V_uidelines. D. Renewal of rental permits. (1) A renewal rental permit application signed by the owner shall be completed and filed with the Code Enforcement Official at least 90 days prior to the expiration date of any valid rental permit. A renewal rental permit application shall contain a copy of the prior rental permit. (2) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises pursuant to 207-7 B(5c) above. (3) The Town of Southold shall not accept, review or approve any renewal rental application for a rental dwelling unit dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed, the owner must file a new application. V07-9 Revocation of permit. A. The Code Enforcement Official may revoke a rental occupancy permit where he or she finds that 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 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B. An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request Generated November 8, 2018 Page 24 Southold Town Board - Letter Board Meeting of November 7, 2018 of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. C. Any permit holder that takes an appeal to the Town Board from the revocation of a rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk with the written request for the appeal. §207-10 Broker's/Agent's responsibility. A. Broker's/Agent's responsibility prior to listing. No Real Estate Broker or agent shall list or otherwise advertise, or offer for lease any rental dwelling unit for which a current rental permit has not been issued by the Code Enforcement Official. §207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. §207-12 Penalties for offenses. A. Any person, association, firm or corporation that violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine not less than $500 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii) a(9-a) and § 10(1)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is intended to supersede Town Law § 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. §207-13 Implementation. 11. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment. Generated November 8; 2018 Page 25 Southold Town Board - Letter Board Meeting of November 7, 2018 III. Effective Date. This chapter shall be effective upon filing,with the Secretary of State. However, in order to afford property owners a sufficient amount of time to apply for and obtain a rental permit as set forth herein, no violation of this chapter will be charged prior to August 1, 2019 and no violation for failure to obtain a permit shall be issued to a person or entity that: A. Has filed the necessary application in proper form with all required information and attachments on or before August 1, 2019, and; B. Has not received a final determination on the application on the application for reasons over which the applicant has no control. Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 11/20/2018 4:30 PM MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated November 8, 2018 Page 26 RECEIVED 94#e, Agri Nq Proposed Rental Permit Coder«,a 3 3 1W Last revised 8 13 2018 Southold Town Clerk A Local Law entitled, "A Local Law in relation to Rental Permits" § 207-1 Legislative intent. A. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code, Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of he Town. Many of these dwellings are inadequate in size, overcrowded and dangerou , and uch dwelling units pose hazards to life, limb and property of residents of the Town a d thers,tend to promote and encourage deterioration of the housing stock of the Town, reate blight and excessive vehicle traffic and parking problems and to overburden unicipal services. The Board finds that current Code provisions are inadequate to hat the roliferation of such conditions and that the public health, safety, welfare and good or Jer d governance of the Town will be enhanced by enactment of the regulations set fort i in his chapter. B. Nothing herein shall be interpreted to supersede any requirements contained in Chapt r 280, hapter 100 or any other chapter of the Town Code of the Town of Southold. 20 -2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICIAL The official who is charged by the Town Board with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a New York State Code Enforcement Official; Code Enforcement Officer. DWELLING A building designed exclusively for residential purposes. DWELLING,MULTIPLE-FAMILY �� Pre-- C• �� . ✓��c r o�`i - Cc-- u Ype* �'+ C�s+►-�01c c��t� c-e A building, other than an apartment house, designed for and occupied as a residence by three or more families living independently of each other. DWELLING, ONE-FAMILY A detached building designed for and occupied exclusively as a home or residence by not more than one family. DWELLING, TWO-FAMILY A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other. DWELLING UNIT single unit within a building or structure providing complete independent living fac lities or one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. IMMEDIATE FAMILY The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts, feces, nephews, cousins and in-laws. OWNER y person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises, with or without accompanying actual possession thereof, or ho shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession,title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. RENT A return, in money, property or other valuable consideration(including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT A dwelling unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY The 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. RENTAL OCCUPANCY PERMIT A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. § 201-3 ees. Rental Permit fees shall be set by the Town Board by resolution. §2074 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code §207-.5 Inspections. A. o permit shall be issued under any application unless the rental dwelling unit has a valid ertificate of Occupancy or Pre-Certificate of Occupancy. B. he Code Enforcement Official is authorized to make or cause to be made inspections, to etermine the condition of dwellings and to safeguard the health, safety, morals and welfare f the public. The Code Enforcement Official or his designated representative is authorized o enter the subject premises upon the consent of the owner. C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. D. Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court-ordered inspection. E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable. §207-6 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. §207-7 Rental permit required. u e� A. It shall be unlawful for any rental occu _aDny to exist in any dwelling ithout the owner's l jfirst having obtained a rental permit from the Code Enforcement Official. 1) It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner oft e subject premises, as defined in this chapter. B. Rental permit application requirements. ( ) Rental permit applications shall be in writing on a form provided by the Town and shall include the owner's name, address and telephone number. ( ) Rental permits applications shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such rooni shall be included. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included ( ) Rental permits applications shall include the maximum number of persons that are being uested-to-occupy e -dwelling-unit. (4) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand the Southold Town Code concerning the restrictions on the number of unrelated persons occupying said residence. (5) All applicants must submit the following documents: (a) Copies of all certificates of occupancy and/or pre-certificates of occupancy for the rental dwelling unit; (b) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Code Enforcement Official of any change of address submitted pursuant to this section within five business days of any change thereto, and ; v (c) Inspection report. The owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his designee employed by the Town of Southold, or(2)provide to the Code Enforcement Official an inspection report, on a form provided by the Town, signed by either a New York State licensed professional engineer,New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwellingy units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. (6) Each application shall be executed and sworn to by the owner of the premises. AZVe�properties containing eight or more renta units shall provide for a3esi ated ite manager, who shall be available to address and resolve any issues with the properly 24 ours a day. The owner of the property must file the manager's address, telephone number d other contact information with the Code Enforcement Official within five days of the esignation of the manager or any changes thereto. C. Notwithstanding the above no rental occupancy Hermit shall be required for a residential are facility licensed -under pfederal,New York /State or Suffolk County guidelines, ® pft,Q/�c�4c-� y( I�—cM.7Gt� "� �-f�TC•"v g'TC,Mpd1�� �vcx.��1C 1� �TC^'✓CIQh� �/1�J�+'t� `7/'LX�C v v(v«d"� c3✓w� i�i�rrR� z:idc fc f c� f(anc D. enewal of rental pe its. P`f � �`�' (:D =4c a,(A d-� a� 1) A renewal rental permit application signed by the owner shall be completed and led e�rc�Ns with the Code Enforcement Official at least 90 days prior to the expiration date of any valid rental permit. A renewal rental permit application shall contain a copy of the prior rental permit. 2) Prior to the issuance of a renewal rental permit cause a nspectic n of the unit or units and the premises ursuant 207-7 B_2) above. �2--a`1- "i ►3(s)CR) (3) The Town of Southold shall not accept, review or approve any renewal rental application for a rental dwelling unit dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed,the owner must file a new application. f C�/y1��'� ���✓Vl�� "' AG(. X55�`� �-���t Mck-�-� l'v�-v�s�ra(',recc� �-� v�.G 1✓11,c.'�n �-�-Y�e `E%�1�'✓c����, r §207-9 Revocation of permit. A. The Code Enforcement Official may revoke a rental occupancy permit where he or she finds that 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 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B. -n-appeaFfrom-such-revocation-r ay-be-tak-en-by-tfie permit-holder-to-the-Town-Boardt, by written request, made within 30 days from the date of such revocation. The Town Board hall hold a public hearing on such appeal after receipt of written request of such appeal, nd after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances consti uting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a ermit revocation until the Town Board has considered and ruled upon the issue. C. kny permit holder that takes an appeal to the Town Board from the revocation of a rental ermit shall be required to pay an administrative fee $200.00 to the Town Clerk with the written request for the appeal. §20740 Broker's/Agent's responsibility. A. roker's/Agent's responsibility prior to listing. No Real Estate Broker or agent shall li t or therwise advertise, or offer for lease any rental dwelling unit for which a current rent 1 ermit has not been issued by the Code Enforcement Official. §207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. §207-12 Penalties for offenses. A. Any person, association, firm or corporation that violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine not less than$500 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses,both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. C. This section is enacted pursuant to Municipal Home Rule Law § I0(1)(ii) a(9-a) and § 10(1)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is intended to supersede Town Law § 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. §207-13 Implementation. I. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of cojurisdiction-t"e-invalid,-such judgment-shall-not-affect, impair-or-iinvalidat�the rema nder thereof, but shall be confined in its operation to the clause, sentence,paragraph, section or part thereof directly involved in said judgment. II. E fective Date. This chapter shall be effective upon filing with the Secretary of State. However, in order t afford property owners a sufficient amount of time to apply for and obtain a rental permit a set forth herein, no violation of this chapter will be charged prior to August 1, 2019 and no violation for failure to obtain a permit shall be issued to a person or entity that: i A. Has filed the necessary application in proper form with all required information and attachments on or before August 1, 2019, and; B. Has not received a final determination on the application on the application for reasons over which the applicant has no control. PV ms n e Of C__,U �� STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 27th day of September , 2018, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. PH 10/23 7:31 pm Rental Permits Al. I-(3L tf-lizabeth A. Neville outhold Town Clerk Sworn before me this 27th day of September 2018. Notary Public LYNDA M.RUDDER Notary Public,State of NeW York No.01 RU6020932 Qualified in Suffolk County Commission Expires March S,20-B #0002267900 T STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 10/04/2018 . Principal Clerk Sworn to before me this �bday of 6ClSY?1NA V NOTARY PUBLIC-STATE OF NEW YORK No OTV06105050 Qualified in Suffolk County My Commission Expires pCbiuory 25,2020 more Persens,buftdisa permanent prowl- that the rental occupant or occupants Ware Town Board shall bold a pudic hearing on Bions for 4., RL afeefalm eating,cool®g immediate fhmiiy members of the owner of such appeal filterrecxjpt e(written request and sanitation. the subject premises, as delined in this of sueb appeal,and atter such bearing shall IMMEDIATE FAMII.Y-The immediate c ter._ make written findings am concmiom and WAY of the owner of a houshm unit ern- B.Rental permit application requirements. a decision either sustainiu¢such permit sista of the owner's spouse,domestic part- (1)Rental permit applications shall be in revocation or rehhstgtim such permit net children, parents, grandparents or writing on a form provided by the Town within 30 days after close of such public grandchildren, siblings, uncles, aunts, and shall include the owner's name,ad- hearing. Unless the Town Board directs nieces,nephews,cousins and in-laws. dress and telephone number otherwise in circumstances constituting se- OWNER-Any person,partnership,cor- (2)Rental permits applications shall con- nous threats to health and safety,the 1 of a poration or other entity who, alone or tain a description of the unit,including the of an appeal shall stay the effectiveness of a jointly with others,shall have legal title to number of rooms in the rental dwelling permit revocation until the Town Board any premises,with or without accompany- unit,and the dimensions and use of each has considered and ruled upon the issim ing actual possession thereof;or who shall such room shall be included. The name, C. Any permit holder that takes an ap- have charge, care or control of any address and telephone number,if any,of peal to the To Board from the rovoattion dwelling unit as a cooperative shareholder the managing agent'or operator of each of a rental permit shall be required to Day or as executor,administrator,trustee,re- such intended rental dwelling unit shall be an administrative fee$200.00 to 60 Town ceiver or guardian of the estate or as a included Clerk with the written request far lira aW LEGAL NOTICE mortgagee in possession,title or control; (3) Rental permits applications shall in- peal. NOTICE OF PUBLIC HEARING including but not limited to a bank or lend- dude the maximum number of persons §207-10 Broker's/Agent's respoity WHEREAS,there has been presented to ing institution,regardless of how such pos- that are being requested to occupy the A. Broker's/Agent's responsibility prior the Town Board of the Town of Southold, session,title or control was obtained. rental dwelling unit. to Latina.No Real Estate Broker or agent Suffolk County,New York,on the 25th day of RENT-A return,in money,property or (4)All applicants for a rental permit shall shall list or otherwise advertise,or offer for September, 2018, a Local Law entitled "A other valuable consideration (including sign an affidavit stating that they have re- lease any rental dwelling unit for wbicn a Local Law in relation to Rental Permits"now, payment in kind or for services or other ceived a copy of and fully understand this current rental permit has not been Issued therefore,be it thing of value),for use and occupancy or Chapter of the Southold Town Code. by the Code Enforcement Official. RESOLVED,that the Town Board of the the richt to use and occupancy of a dwelling (5)All applicants must submit the follow- §207-11 Enforcement. Town of Southold will hold a public hearing unit,whether or not a legal relationship of Ing documents: This chapter shall be enforced by the Code on the aforesaid Local Law at the Southold landlord and tenant exists between the (a) Copies of all certificates of occupancy Enforcement Officer as defined by this Town Hall,53095 Main Road,Southold,New owner and the occupant or occupants and/or pre-certificates of occupancy for the chapter. York,on the 23rd day of October at 7:31 p.m. thereof. rental dwelling unit; §207-12 Penalties for offenses. at which time all interested persons will be RENTAL DWELLING UNIT-A dwelling (b) An affidavit setting forth the ad- A. Any person,association,firm or cer- given an opportunity to be heard. unit established,occupied,used or main- dress to be used as the last known address poration that violates any provision of this The proposed Local Law entitled,"A Local tamed for rental occupancy of the owner for service pursuant to all chapter or assists in the violation of any Law in relation to Rental Permits"reads as RENTAL OCCUPANCY-The occupancy applicable laws and rules.The owner shall provision of this chapter shall be guilty of a follows: or use of a dwelling unit by one or more notify the Code Enforcement Official of violation,mmishable: LOCAL LAW NO.2018 persons as a home or residence under an any change of address submitted pursuant (1) By a fine not less than$500 and not BE IT ENACTED by the Town Board of arrangement whereby the occupant or oc- to this section within five business days of exceeding$5,000 or by imprisonment for a the Town of Southold as follows: cupants thereof pay rent for such occu- any change thereto,and; period not to exceed 15 days,or bath,for L A new Chapter 207 of the Code of the pancy and use. (c) Inspection report.The owner of the conviction of a first offense- Tmm of Southold,A Local Law entitled, RENTAL OCCUPANCY PERMIT - A rental dwel ft unit shall(1)arrange for an (2) By a fine not less than $1,000 nor uA Local Law in relation to Rental Per- permit which is issued upon application to inspection of the unit or units and the more than$10,000 or by imprisonetmt for ow the Code Enforcement Officer designated premises on which the same are located by a period not to exceed 15 days,or bath,for 1207-1 Le islative intent. by the Town Board with the administration the Code Enforcement Official or his des- conviction ofthe second of the two offenses, A. The Town Board of the Town of South- of this Chapter and shall be valid for 24 ignee employed by the Town of Southold, both of which were committed witwu a old has determined that there exists in the months from the date of issuance. or(2) provide to the Code Enforcement period of five years. Town of Southold serious conditions aria- §207-3 Fees. Official an inspection report, on a form B. Each week's continued violation shall int from non-owner occupied rental of Rental Permit fees shall be set by the Town provided by the Town,signed by either a constitute a separate additional violation. dwelling units in one,two and three family Board by resolution. New York State licensed professional engi- C. This section is enacted pursuant to and multiple dwellings that are substan- §207-4 Smoke detectors and carbon mon- neer,New York State licensed architect or Municipal Home Rule Law § 10(l)(11) lard or in violation of the New York State oxide detectors. home inspector who has a valid New York a(9-a)and§10(lxii)d(3)and pursuant to§ Uniform Fire Prevention and Building Each rental dwelling shall be equipped State Uniform Fire Prevention Building 10(5)of the Statute of Local Governments, Code,Building Rehabilitation Code,Elec- with functiouing smoke detectors and car- Code certification that the structure and and is intended to supersede Town Law§ trical Code, Fire Prevention Code, bon monoxide detectors, in compliance the dwelling units contained therein meet 268 and any other statute or local law to the Plumbing Code,and other codes and ordi- with New York State Uniform Fire Preven- all applicable housing,sanitary,building, extent necessary to increase the minimum maces of the Town. Many of these tion and Building Code. electrical and fire codes, rules and reg- and maximum penalties contamedtherein. dwellings are inadequate in size, over- §207-5lnspections. ulations. §207-13 Implementation. crowded and dangerous,and such dwelling A. No permit shall be issued under any (6)Each application shall be executed H.Severability. units pose hazards to life,limb and prop- application unless the rental dwelling unit and sworn to by the owner of the premises. If any clause,sentence,paragraph,section eriv of residents of the Town and others, has a valid Certificate of Occupancy or (7)All rental properties containing eight or part of this chapter shall be adjudged by tend to promote and encourage deteriora- Pre-Certificate of Occupancy, or more rental units shall provide for a any court of competent jurisdiction to be tion of the housing stock of the Town,cre- B. The Code Enforcement Official is au- designated site manager, who shall be invalid,such judgment shall not affect,im- ate blight and excessive vehicle traffic and thorized to make or cause to be made in- available to address and resolve any issues pair or invalidate the remainder thereof parking problems and to overburden mu- spections to determine the condition of with the property 24 hours a day. The but shall be confined in its operation to the nicpal services.The Board finds that cur- dwellings and to safeguard the health, owner of the property must file the man- clause sentence, paragraph, section or rent Code provisions are inadequate to halt safety,morals and welfare of the public. ager's address, telephone number and part thereof directly involved in said ludg- the proliferation of such conditions and The Code Enforcement Official or his des- other contact information with the Code ment. that the public health,safety,welfare and ignated representative is authorized to en- Enforcement Official within five days of II).Effective Date good order and governance of the Town ter the subject Premises upon the consent the d tion of the manager or any This chapter shall be effective aeon Min will be enhanced by enactment of the reg- of the owner. changes thereto. with the Secretary of State. However,in ulations set forth in this chapter. C. Search without warrant restricted. C. Notwithstanding the above,no rental order to afford property owners a suffi- B. Nothing herein shall be interpreted to Nothing in this chapter,except for prowl- occupancy permit shall be required for a cient amount of time to apply for and o_b- supersede any requirements contained in sions concerning emergency inspections, residential care facility licensed under fed- tain a rental permit as ret forth herein,no Chapter 280 Chapter 100 or any other shall be deemed to authorize the Code En- eral New York State or Suffolk County violation of this chapter will be charged chapter of the Town Code of the Town of forcemeat Official or his authorized repre- guidelines.D. Renewal of rental permits. prior to August 1,2019 and no violation for Southold. sentative to conduct an inspection of any (1) A renewal rental permit application failure to obtain a permit shall be issued to §207-2 Definitions. premises subject to this chapter without sianed by the owner shall be completed and a person or entity that: As used in this chapter,the following terms the consent of the owner of the premises or filed with the Code Enforcement Official at A. Has filed the necessary appilcatioa in shall have the meanings indicated: without a warrant duly issued by an appro- least 90 days prior to the expiration date of proper form with all required information CODE ENFORCEMENT OFFICIAL - priate court. any valid rental permit.A renewal rental and attachments on or before August 1, The official who is charged by the Town D. Conflict with other chapters or law. permit application shall contain a copy of 2019,and; Board with the administration and en- Nothing in this chapter shall be construed the prior rental permit. B. Has not received a final determination forcement of this chapter,or any duly aa- to negate the authority for inspections pur- (2) Prior to the issuance of a renewal on the application on the appileation for thorized representative of such person,in- suant to any other section of law or court- rental permit, the owner shall cause an reasons over which the applicant has no cluding but not limited to the Building ordered inspection. inspection of the unit or units and the control. Inspector Chief Building Inspector,Prin- E. Presumption of rent. Any dwelling, premises pursuant to 207-7 B(2)above. Dated:September 25,2018 cipal Building Inspector,Senior Building dwelling unit,rooming house,rooming unit (3) The Town of Southold shall not ac- BY THE ORDER OF THE Inspector Building Permits Examiner, or any other premises subject to this chap- cept,review or approve any renewal rental SOUTHOLD TOWN BOARD Zoning Inspector, Electrical Inspector, ter shall be presumed to be rented for a fee application for a rental dwelling unit Elizabeth A.Neville Plumbing Inspector, Fire Marshal, Fire and a charge made if said premises are not dwellings wherein the prior rental permit Southold Town Clerk Marshal 1, Fire Marshal H, Chief Fire occupied by the legal owner thereof.This expiration date has passed.E the expira- 2267900 Marshal Town Investigator,Senior Town presumption shall be rebuttable. tion date has passed,the owner must file a Investigator,Ordinance Enforcement Of- §207-6 Application for search warrant. new application. ficer or Ordinance Inspector of the Town of The Code Enforcement Official or his des- §207-9 Revocation of permit. Southold,Stormwater Manager,Town En- ignated representative is authorized to A. The Code Enforcement Official may gineer and such person(s)shall be certified make application to the Town of Southold revoke a rental occupancy permit where he as a New York State Code Enforcement Justice Court or Supreme Court of Suffolk or she finds that the permit holder has Official;Code Enforcement Officer. County,or any court of competentiurisdic- caused permitted,suffered or allowed to DWELLING-A building designed excu- tion,for the issuance of a search warrant in exist and remain upon the premises for sively for residential purposes. order to conduct an Inspection of any which such permit has been issued,for a DWELLING, MULTIPLE-FAME Y - A premises covered by this chapter where the period of 14 business days or more after building,other than an apartment house, owner refuses or fails to w an impaction written, return receipt requested notice designed for and occupied as a residence by of its rental premises and where there is and opportunity to be heard has been given three or more families living independently reasonable cause to believe that a violation to the permit holder,or the managing agent of each other. of this chapter has occurred.The applica- of such rental dwelling unit,a violation of DWELLING,ONE-FAMILY-A detached tion for a search warrant shall in all re- the Multiple Residence Law and/or New building designed for and occupied exclu- speets comply with the applicable Taws of York State Uniform Fire Prevention and sively as a home or residence by not more the State of New York. Building Code or a violation of this chapter than one family. §207-7 Rental permit required. or other chapter of the Town Code.Revo- DWELLING,TWO-FAMILY-A building A. It shall be unlawful for any rental oc- cation of a permit under this-subsection arranged designed for or occupied excu- cupancy to exist in any dwelling without cannot be done by a devisee or assistant of sively as a home or residence for not more the owner's first having obtained a rental the Code Enforcement Official. than two families living independently of permit from the Code Enforcement Of- B. An appeal from such revocation may each other. ficial. be taken by the permit holder to the Town DWELLING UNIT-A single unit within a (1) It shall be an affirmative defense to a Board by written request,made within 30 building or structure providing complete violation of Subsection A of this section days from the date of such revocation.The independent living facilities for one or RESO 2018-951 SUMMARY OF LL/ADOPTING CHAPTER 206 "A Local law in relation to Rental Permits" THE PROPOSED LOCAL LAW FOR WHICH A PUBLIC A PUBLIC HEARING IS BEING HELD THIS EVENING PROPOSES A LOCAL LAW IN RELATION TO RENTAL PERMITS. THE PROPOSED LOCAL LAW IF ADOPTED WOULD REQUIRE THE OWNERS OF RENTAL DWELLING UNITS TO APPLY FOR AND OBTAIN A RENTAL PERMIT FROM THE TOWN OF SOUTHOLD. THE PROPOSED LOCAL LAW, AMONG OTHER THINGS, PROVIDES AN APPLICATION PROCEDURE, INSPECTION REQUIREMENTS, AND FINES FOR VIOLATING THE CODE. FEES ASSOCIATED WITH APPLYING FOR THE PERMIT WOULD BE SET BY THE TOWN BOARD BY RESOLUTION. THE PROPOSED LOCAL LAW WOULD GO INTO EFFECT IMMEDIATELY. HOWEVER, IN ORDER TO GIVE AFFORD THOSE AFFECTED BY THE LOCAL LAW TIME TO APPLY FOR AND OBTAIN A PERMIT, VIOLATIONS FOR FAILURE TO COMPLY WITH THE CODE WOULD NOT BE ISSUED UNTIL AFTER AUGUST 1, 2019, AND NO VIOLATION SHALL ISSUE TO SOMEONE WHO HAD SUBMITTED A COMPLETE APPLICATION PRIOR TO AUGUST 1, 2019 BUT HAS NOT RECEIVED A DETERMINATION ON THE APPLICATION. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE Southold Town Board - Letter Board Meeting of September 25, 2018 RESOLUTION 2018-855 Item # 5.37 o�S ADOPTED DOC ID: 14517 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-855 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 25, 2018: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 25"' day of September, 2018, a Local Law entitled "A Local Law in relation to Rental Permits" now, therefore, be it RESOLVED, that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 23`d day of October at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Rental Permits"reads as follows: LOCAL LAW NO. 2018 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 207 of the Code of the Town of Southold,A Local Law entitled, "A Local Law in relation to Rental Permits" § 207-1 Leizislative intent. A. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code, Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and 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 Town will be enhanced by enactment of the regulations set forth in this chapter. Generated September 26, 2018 Page 51 r � Southold Town Board - Letter Board Meeting of September 25, 2018 B. Nothing herein shall be interpreted to supersede any requirements contained in Chapter 280, Chapter 100 or any other chapter of the Town Code of the Town of Southold. 207-2 Definitions. As used in this chapter, the followinjz terms shall have the meaninjZs indicated: CODE ENFORCEMENT OFFICIAL The official who is charged by the Town Board with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Buildinjj Inspector, Chief Buildinjz Inspector, Principal Building Inspector, Senior Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a New York State Code Enforcement Official; Code Enforcement Officer. DWELLING A building designed exclusively for residential purposes. DWELLING, MULTIPLE-FAMILY A building, other than an apartment house, designed for and occupied as a residence by three or more families living independently of each other. DWELLING, ONE-FAMILY A detached building designed for and occupied exclusively as a home or residence by not more than one family. DWELLING, TWO-FAMILY A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other. DWELLING UNIT A_ single unit within a building or structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Generated September 26, 2018 Page 52 Southold Town Board - Letter Board Meeting of September 25, 2018 IMMEDIATE FAMILY The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises,with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgazee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. RENT A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit,whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT A dwelling unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arran1jement whereby the occupant or occupants thereof pay rent for such occupancy and use. RENTAL OCCUPANCY PERMIT A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. § 207-3 Fees. Rental Permit fees shall be set by the Town Board by resolution. §207-4 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with functioning smoke detectors and carbon Generated September 26, 2018 Page 53 Southold Town Board - Letter Board Meeting of September 25, 2018 monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. §207-5 Inspections. A No permit shall be issued under any application unless the rental dwelling unit has a valid Certificate of Occupancy or Pre-Certificate of Occupancy. B. The Code Enforcement Official 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 Code Enforcement Official or his designated representative is authorized to enter the subject premises upon the consent of the owner. C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subiect to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. A Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court- ordered inspection. E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This Presumption shall be rebuttable. &207-6 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. §207-7 Rental permit required. A. It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental permit from the Code Enforcement Official. (1) It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner Generated September 26, 2018 Page 54 Southold Town Board - Letter Board Meeting of September 25, 2018 of the subject premises, as defined in this chapter. B. Rental permit application requirements. (1) Rental permit applications shall be in writing on a form provided by the Town and shall include the owner's name, address and telephone number. (2) Rental permits applications shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included (3) Rental permits applications shall include the maximum number of persons that are being requested to occupy the rental dwelling unit. (4) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand this Chapter of the Southold Town Code. (5) All applicants must submit the following documents: (a) Copies of all certificates of occupancy and/or pre-certificates of occupancy for the rental dwelling unit; (b) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Code Enforcement Official of any change of address submitted pursuant to this section within five business days of any change thereto, and ; (c) Inspection report The owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his designee employed by the Town of Southold, or(2) provide to the Code Enforcement Official an inspection report, on a form provided by the Town, signed by either a New York State licensed professional engineer,New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. (6) Each application shall be executed and sworn to by the owner of the premises. (7) All rental properties containing eight or more rental units shall provide for a Generated September 26, 2018 Page 55 • Southold Town Board - Letter Board Meeting of September 25, 2018 designated site manager,who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address, telephone number and other contact information with the Code Enforcement Official within five days of the designation of the manager or any changes thereto. C Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility licensed under federal,New York State or Suffolk County guidelines. D. Renewal of rental permits. (1) A renewal rental permit application signed by the owner shall be completed and filed with the Code Enforcement Official at least 90 days prior to the expiration date of any valid rental permit A renewal rental permit application shall contain a copy of the prior rental permit. (2) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises pursuant to 207-7 B(2) above. (3) The Town of Southold shall not accept, review or approve any renewal rental application for a rental dwelling unit dwellings wherein the prior rental permit expiration date has passed If the expiration date has passed, the owner must file a new application. 4207-9 Revocation of permit. A The Code Enforcement Official may revoke a rental occupancy permit where he or she finds that 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 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. Generated September 26, 2018 Page 56 Southold Town Board - Letter Board Meeting of September 25, 2018 C. Any permit holder that takes an appeal to the Town Board from the revocation of a rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk with the written request for the appeal. &207-10 Broker's/Agent's responsibility. A. Broker's/Agent's responsibility prior to listing. No Real Estate Broker or agent shall list or otherwise advertise, or offer for lease any rental dwelling unit for which a current rental permit has not been issued by the Code Enforcement Official. &207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. §207-12 Penalties for offenses. A. Any person, association, firm or corporation that violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine not less than $500 and not exceeding$5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. C. This section is enacted pursuant to Municipal Home Rule Law & 10(1)(ii) a(9-a) and § 10(1)(ii)d(3) and pursuant to & 10(5) of the Statute of Local Governments, and is intended to supersede Town Law & 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. &207-13 Implementation. II. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment. III. Effective Date. Generated September 26, 2018 Page 57 Southold Town Board - Letter Board Meeting of September 25, 2018 This chapter shall be effective upon filing with the Secretary of State. However, in order to afford property owners a sufficient amount of time to apply for and obtain a rental permit as set forth herein, no violation of this chapter will be charIzed prior to August 1, 2019 and no violation for failure to obtain a permit shall be issued to a person or entity that: A. Has filed the necessary application in proper form with all required information and attachments on or before August 1, 2019, and; B. Has not received a final determination on the application on the application for reasons over which the applicant has no control. n 4?oeoe�& Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated September 26, 2018 Page 58