INCORPORATED VILLAGE OF DERING HARBOR
LOCAL LAW NO. 1 OF THE YEAR 2005
A LOCAL LAW ADOPTING REGULATIONS REGARDING SEASONAL RENTALS
OF PROPERTIES AND THE RENTAL, SALE OR TRANSFER OF SHARES
IN PROPERTIES IN THE VILLAGE OF DERING HARBOR
BE IT ENACTED BY THE BOARD OF TRUSTEES OF THE INCORPORATED
VILLAGE OF DERING HARBOR AS FOLLOWS:
Section 1.0 Title, Enactment, Effective Date,
Findings, Purpose and Intent.
1.1 Title of Local Law
1.2 Enactment.
1.3 Effective Date.
1.4 Findings.
1.5 Purpose and Intent.
2.0 General Provisions.
2.1 Definitions.
2.2 Permit Required.
2.3 General Regulations.
3.0 Notice of Violation, Penalties
For Offenses, Enforcement.
3.1 Notice.
3.2 Penalties for Offenses
3.3 Enforcement
4.0 Severability
Section 1.0 Title, Enactment, Effective Date, Findings, Purpose and Intent
1.1. Title
This Local Law shall be entitled “Local Law No, 1 of 2005 of the Incorporated Village of Dering Harbor, A Local Law Adopting Regulations Regarding Seasonal Rentals and the Selling or Transfers of Shares of Rentals of Property in t he Village of Dering Harbor.”
1.2. Enactment.
Pursuant to Section 10 of the Home Rule Law and the Village Law of the State of New York the Incorporated Village of Dering Harbor, County of Suffolk and State of New York, hereby enacts by this Local Law of 2005, a Local Law of the Village of Dering Harbor.
1.3. Effective Date.
This local law shall take effect on the filing of the approved Local Law with the Secretary cf State of New York, which shall be within twenty (20) days after its approval by the Board of Trustees of the Incorporated Village of Dering Harbor.
1.4 Findings.
The Board of Trustees of the Village of Dering Harbor hereby determines and finds that group rentals or the rental, transfer, or sale of shares in the rental of property in the Village of Dering Harbor is hazardous, unsafe, unsanitary, and unhealthy, and interferes with the quality of life and total community environment and is not in conformance with acceptable building codes, fire laws, occupancy standards or the Zoning Code or other laws of the Village of Dering Harbor, and is detrimental to the health, safety and general welfare of the residents and property owners of the Village of Dering Harbor and hereby enacts this local law to protect the public health, safety and welfare of t he Village, its property owners, residents and their guests.
1.5 . Purpose and Intent.
The purpose and intent of this Local Law is to adopt regulations regarding seasonal rentals and the rental, sale or transfer of shares of rentals of properties i n the Village of Dering Harbor, and to protect and ensure the aesthetic qualities of the character and quality of life in the Village, the environment of the Village and the aquifer and public water supply in the Village.
2.0 General Provisions;
2.1 Definitions:
DWELLING UNIT – One or more rooms with provisions for cooking, living, sanitary and sleeping facilities arranged for the use of one family.
DWELLING-ONE FAMILY DETACHED – A dwelling containing one dwelling unit for the occupancy of one family and its domestic servants.
FAMILY
A. Any number of persons occupying a single nonprofit dwelling unit, related by blood, marriage or legal adoption,
living and cooking together as a single housekeeping unit.
B. Any number of persons occupying a single nonprofit dwelling unit, not exceeding five, living and cooking together as a single housekeeping unit where all are not related by blood, marriage or legal adoption. A group of persons whose association or relationship is transient or seasonal in nature rather than of a permanent and domestic character shall not be considered a family.
C. Notwithstanding the provision of Subsection B of this definition, a group of unrelated persons numbering more than five shall be considered a family upon a determination by the Board of Trustees that the group is the functional equivalent of a family pursuant to the standards enumerated in Subsection E. herein,
D. In determining whether a group of more than five unrelated persons constitutes a family for the purpose of occupying a dwelling unit, as provided for in Subsection C of this definition, the Board of Trustees shall utilize the standards enumerated in Subsection E in making said determination . Before making a determination under this subsection, the Board o f Trustees shall hold a publ ic hearing after public notice as provided in this local law. The fee for such and application shall be $75 . The application shall be on a form to be provided by the Board of Trustees.
E. In making a determination under Subsection D. the Board of Trustees shall find that:
1. The group is one which in theory, size, appearance and structure resembles a traditional family unit.
2 . The group is one which will live and cook together as a single housekeeping unit.
3. The group is of a permanent nature and is neither a framework for transient or seasonal living nor merely an association or relationship which is transient or seasonal in nature. Nothing herein shall preclude the seasonal use of a
dwelling unit by a group which otherwise meets the standards of this subsection at its permanent address.
4. In no case shall a dwelling be occupied by more than the number of persons permitted by the Zoning Code of the Village of Dering Harbor.
5. All other requirements of this local law and the Zoning Code of the Village of Dering Harbor regarding the use and occupancy of dwelling units shall. be complied with.
6. Any determination under this subsection shall be limited to the status of a particular group as a family and shall not be interpreted as authorizing any other use, occupancy or activity.
F. Persons occupying group quarters, such as a dormitory,
fraternity, or sorority house or a seminary, shall not be
considered a family.
SEASONAL RENTAL – An agreement, which is either oral or in writing, whereby on a seasonal basis a dwelling unit is leased, used or occupied by a family for which compensation is paid for, directly or indirectly and which is only permitted in the Village of Dering Harbor pursuant to a seasonal rental permit as a special permit.
SEASONAL RENTAL PERMIT – A special permit issued for the use or occupancy of a dwelling unit as a seasonal rental.
TENANT -An individual who leases, uses or occupies a seasonal rental.
2.2. Permit Required
(A) A dwelling unit shall not be occupied as a seasonal rental unless a special permit in the form of a seasonal rental permit has been approved by the Board of Trustees and issued by the Village Clerk.
(B ) Where a dwelling unit is to be used as a seasonal rental, an application for a seasonal rental permit shall be filed with the Village Clerk before the term of the seasonal rental is to begin.
(C) The application for a seasonal rental permit shall be signed by each and every owner of the property and shall contain the following:
1. The names, addresses and telephone numbers of the
owners or owners of the properties.
2. The location of the seasonal rental, including the
Suffolk county Tax Map Parcel Number.
3. The number of tenants requested.
4. A floor plan depicting the location and size of each conventional bedroom.
5. The names, legal addresses and telephone numbers of
all tenants.
6. The period of the proposed occupancy.
7. A copy of the most recent deed and property tax bill, confirming the ownership of record of the premises .
8. An affidavit signed by each owner and tenant named in the application confirming that they have received copies of all Village laws and ordinances affecting seasonal rentals, noise, vehicle parking restrictions on resident ial lots and refuse disposal and agree to abide by the same.
9. The application for a seasonal rental permit when completed shall be submitted to the Board of Trustees for consideration for approval as a special permit and issued by the Village Clerk if the application complies with all the provisions of this article and is approved by the Board of Trustees.
10. A seasonal rental permit shall not be issued by the Village Clerk if the seasonal rental application is not approved by the Board of Trustees of the application or permit does not comply with all of the provisions of this section.
11. There shall be a filing fee cf $100 for each application for a seasonal rental permit.
12. The seasonal rental permit shall expire on the last day of the rental period as stated in the application.
2.3. General Regulations
A. A dwelling unit as a seasonal rental shall be leased only by a family .
B. No seasonal rental shall be leased, occupied or used by more than the number of persons permitted to occupy the dwelling unit under this local law of the Village of Dering Harbor.
C. · No seasonal rental shall be leased, occupied or used by any tenant who is not listed as such on the seasonal rental
application pursuant to this article. Where there is a change in the individual tenants who will be leasing, occupying or using the dwelling unit, the group rental application shall be amended to indicated the. name of the new tenants before the new tenant may occupy the dwelling unit. There shall be a filing fee of $100 for each application.
D. A rental where the duration of the occupancy is transient is prohibited.
E, The selling of shares to tenants where they obtain the rights of use and occupancy in a dwelling unit on a transient basis shall be prohibited. The rent or compensation paid for a seasonal rental shall not be shared by more than the permitted number of tenants.
F. The leasing, use or occupancy by a tenant of less than the entire dwelling unit is prohibited.
3.0 Notice of Violation, Penalties for Offenses, Enforcement
2.1 Notice of Violation
Upon service of a summons to a tenant for a violation of this article, notice of such service shall be given by the Village Clerk to the owner and lessor of the premises. The notice shall be sent by certified mail, return receipt requested, to the owner and lessor at the address set for in the seasonal rental permit application. Notice shall be deemed to be complete upon the execution of an affidavit of mailing by the Village Clerk. The notice shall be notice shall be in the following form:”
Notice
Please take notice that the tenants _______ of premises known as ___________ have been issued a summons for violation of ____________ on _____________. Please be advised that a criminal conviction at any time during your tenure of ownership of any lessee of the premises known as _______________ may subject you as the owner/lessor of the premises known as ____________ may subject you as the owner/lessor to the penalties and other provisions of this local law of the Village of Dering Harbor .
B. Opon a criminal conviction of a tenant for a violation of this chapter, notice of conviction shall be given by the Village Clerk to the owner and lessor. such notice shall be sent by certified mail addressed to the owner and lessor at the address set forth in the seasonal rental application. Notice shall be deemed complete upon execution of an affidavit of mailing by the Village Clerk. The notice shall be in the following form:
Notice
Please take notice that the tenants and of the premises known as have been convicted of a violation of __________ on ___________.
Please be advised that a criminal convict ion during your tenure of ownership of any tenant of premises known as _____________ may subject you as owner/lessor to this local law.
3.2 Pana1ties for Offenses.
A. A violation of this chapter is hereby declared to be an offense punishable by a fine of $250.00 for each offence. Each day that a violation shall continue shall constitute a separate additional violation. The election of these penalties by the Village shall not constitute a waiver of the right of the Village to pursue simultaneously or otherwise civil action and such other action and penalties as may be available to the Village.
B. Where authorized by a duly adopted resolution of the Board of Trustees, the Village Attorney shall bring and maintain a civil proceeding, in the name of the Village, in the Supreme Court, to permanently enjoin the person or persons conducting, maintaining or permitting said violation. The owner and lessor of the residence wherein the violation is conducted, maintained er permitted shall be made defendants in the action, and the tenant or tenants of such residence may be joined as defendants in the action .
1. The person who is listed as the owner upon the seasonal rental permit application shall be presumed to be the
owner thereof.
2. If, upon the trial of an action under this local law, or upon a motion for summary judgment in an action under this local law, a finding is made that the defendants or any of them has conducted, maintained or permitted a violation of this local law a penalty to be included in the judgment may be awarded at the discretion of the court in an amount not to exceed $250 for each day it is found that the defendants or any one of them individually conducted, maintained or permitted the violation.
C. Where authorized by a duly appointed resolution of the Board of Trustees, the Village Attorney shall bring and maintain a civil proceeding in the name of the Village in the Supreme Court to recover a civil penalty against any person conducting, maintaining or permitting a violation of this article. The amount of any civil penalty awarded a judgment entered pursuant to this article may be at t he discretion of the court in an amount of $1,000 for each day the violation has been conducted, maintained or permitted. Upon recovery, such penalty shall be paid into the general funds of the Village.
2.6 Enforcement
A. Notwithstanding t he provisions of the local law, any duly authorized police officer, peace officer, fire marshal, ordinance inspect or or building inspector for the Village shall be authorized to enforce the provisions of this article and shall be defined as an enforcement officer under this article.
B. An enforcement officer is authorized to make or cause to be made inspections to determine the compliance of dwelling units with this article and to safeguard the health, safety, moral s and welfare of the public. The enforcement officer is authorized to enter, upon the consent of the owner, tenant or lessee, any premises for the purpose of performing his duties under this article.
c. An enforcement officer is authorized to make application for t he issuance of a search warrant in order to conduct an inspection of any premises covered b y this chapter where the owner, tenant or lessee refuses or fails to allow an inspection of its premises and where where is reasonable cause to believe that a violation of this article has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York.
D. Nothing in this chapter shall be deemed to authorize an enforcement officer to conduct an inspection of any premises subject to this chapter without the consent of the owner, tenant or lessee of the premises or without a warrant duly issued by an appropriate court.
4.0. Severability
In the event that any section or portion of this Local Law shall be deemed to be unenforceable or of no effect, the remainder of the Local Law shall survive and remain in full force and effect.