Proposed Zoning Amendment No

PROPOSED LOCAL LAW AMENDING CHAPTER 195 OF THE CODE OF THE INCORPORATED VILLAGE OF NEW HYDE PARK, ENTITLED “ZONING”, § 195-36 ENTITLED “VARIANCES”, TO CREATE A SUBSECTION (O) IN ORDER TO SET FORTH LIMITATIONS FOR THE INSTALLATION OF A BASEMENT/CELLAR KITCHEN

(1) Permit, as a special exception in a residence zone, the construction, extension, establishment, reconstruction, conversion, maintenance and use of a second, separate, basement/cellar kitchen, in a one family dwelling, subject to the following:

(a) Applicant with an existing three (3) piece bathroom (toilet, sink and shower/tub) is prohibited from installing a basement/cellar kitchen.

(b) Applicant with an existing basement/cellar kitchen is prohibited from installing a three (3) piece bathroom (toilet, sink and shower/tub) and will only be permitted to install a water closet and sink.

PROPOSED LOCAL LAW AMENDING THE CHAPTER 195 OF THE CODE OF THE INCORPORATED VILLAGE OF NEW HYDE PARK, ENTITLED “ZONING”, § 195-1(B) ENTITLED “DEFINITIONS, IN ORDER TO CLARIFY THE DEFINITION OF HEIGHT

PROPOSED LOCAL LAW AMENDING CHAPTER 165 OF THE CODE OF THE INCORPORATED VILLAGE OF NEW HYDE PARK, ENTITLED “STREETS AND SIDEWALK”, § 165-36(A)(3) ENTITLED “SIDEWALKS, CURBS AND DRIVEWAYS, IN ORDER TO CLARIFY THE NUMBER OF CURB CUTS PERMITTED IN RESIDENTIAL ZONES

A.(3) Curbs. Curbs shall be 18 inches in depth with six inches extending above the gutter line, five inches in width at the top and six inches at the gutter line and at the bottom. The face of the curb shall be battered one inch for its full exposed height of six inches, and the top shall be rounded one inch. The curb shall be constructed of concrete composed of a one-to-two-to-four mix. No more than one (1) curb cut per property line shall be permitted in a Residential Zone.

A PROPOSED LOCAL LAW AMENDING THE CHAPTER 195 OF THE CODE OF THE INCORPORATED VILLAGE OF NEW HYDE PARK, ENTITLED “ZONING”,

§ 195-4, ENTITLED “PERMITTED USES” IN ORDER TO CLARIFY THE PERMITTED USES

A. Residential dwellings, including therein the office or studio of licensed physician, dentist, nurse-practitioner, physical therapist, psychologist or chiropractor or a licensed accountant, architect, attorney, engineer or land surveyor or a professional artist, musician or photographer, only when and where such office or studio and dwelling are actually owned, used and occupied by such person(s) and their families, and the space dedicated to carrying on such professional activity shall occupy not more than twenty (20%) percent of the total livable floor area of the dwelling unit, provided that no such professional area shall exceed 400 square feet, and such that the number of persons, including the practitioner and associates, assistants and employees engaged in such activities on the premises, shall not exceed four (4) persons.

A PROPOSED LOCAL LAW AMENDING CHAPTER 139 OF THE CODE OF THE INCORPORATED VILLAGE OF NEW HYDE PARK, ENTITLED “PROPERTY MAINTENANCE” TO AMEND § 139-18, ENTITLED “PROHIBITED USES” TO CREATE A SUBSECTION (G) TO REGULATE THE MAINTENANCE OF TEMPORARY STORAGE CONTAINERS

1. Definition: STORAGE CONTAINER - means any container intended for this purpose of storing or keeping household goods and other personal property that is intended to be filled, refilled, or emptied while located outdoors on a residential property, and later removed from the property for storage off-site.

2. It shall be unlawful for any person, firm or corporation to place, keep or maintain any storage container on any property improved with a single-family dwelling, without securing a permit.

3. Any person desiring a permit to place or maintain a storage pod, shall file an application with the Building Department. The form for this application is to be furnished by the Department of Buildings and shall be sworn to and filed by the applicant with the Department of Buildings, along with an application fee of one hundred dollars ($100.) for a new permit, seventy-five dollars ($75.) for a time extension of a permit.

4. A permit for a storage pod may only be granted if there is currently a permit for improvement to a single-family dwelling with a cost of improvement of at least twenty-five thousand dollars ($25,000).

5. A storage container may not be more than 120 square feet, and no more than eight (8) feet in height.

6. The storage container shall be set back from any side yard a minimum of five (5) feet, from the front yard by a minimum of five (5) feet, and also be minimum of five (5) feet away from any structures on the property. In granting the permit, the Building Inspector shall consider the rights of adjacent property owners so that there shall not be any unreasonable deprivation of light, air or a reasonable use of adjoining property.

7. The Building Inspector is hereby authorized, in the exercise of reasonable discretion, to revoke any permit issued hereunder if, after due investigation, he deems that the holder thereof has violated any provisions of this ordinance, in that the storage pod is being maintained in an unsafe manner or is being maintained as a nuisance. Written notice of said revocation shall be given, either by personal service upon the person to be notified or by depositing said notice in the United States mail in a sealed envelope, postage prepaid, addressed to such person at the address which appears on the records of the Building Department.

8. The length of time a storage container shall be permitted to remain shall be sixty (60) days with up to one (1) thirty (30) day extension. A further extension shall be permitted only upon good cause demonstrated to the Superintendent of Buildings. It shall be mandatory that the storage container be removed at the end of the permitted period of time.

A PROPOSED LOCAL LAW AMENDING CHAPTER 139 OF THE CODE OF THE INCORPORATED VILLAGE OF NEW HYDE PARK, ENTITLED “PROPERTY MAINTENANCE” TO CREATE § 139-6, ENTITLED “CONSTRUCTION SITE MAINTENANCE”, TO ESTABLISH MAINTENANCE REQUIREMENTS FOR ACTIVE CONSTRUCTION SITES

A. Any portable toilet to be maintained upon a construction site shall be maintained in the front portion of the subject lot until such time as the foundation is backfilled and capped. At such time, any such portable toilet shall be maintained upon the rear portion of the subject lot. This requirement may be varied only in the discretion of the Superintendent of Buildings upon good cause shown.

B. Construction sites shall be maintained in a safe and sanitary manner and all debris, litter and overgrowth thereon shall be removed.

A PROPOSED LOCAL LAW AMENDING CHAPTER 101 OF THE CODE OF THE INCORPORATED VILLAGE OF NEW HYDE PARK, ENTITLED “FENCES” TO AMEND § 101-4, ENTITLED “FENCES REQUIRED IN CERTAIN CASES”, TO PROVIDE FOR THE MAINTENANCE OF CHAIN LINK FENCES AT HEIGHTS OF SEVEN FEET AND FOUR FEET IN COMMERCIAL AND RESIDENTIAL ZONES, RESPECTIVELY, DURING EXCAVATION

A. Excavations near public street. Any person, firm, association or corporation owning land within the corporate limits of the Village of New Hyde Park, upon which land there is any public street, sidewalk, road or highway as a result of which the surface shall be lower than the grade of the public street, sidewalk, road or highway adjacent to said land, shall construct a chain link fence along the boundaries of such land adjacent to said public street, sidewalk, road or highway. Such chain link fence shall be constructed so as to prevent children and other persons from gaining access to said premises in which the excavation is located. Such chain link fence shall be a minimum height of seven (7) feet in all commercial zones and four (4) feet in all residential zones. The height requirements set forth in this section may be varied only in the discretion of the Superintendent of Buildings upon good cause shown.

B. The chain link fences provided for in this section shall be maintained until the foundation upon the subject lot is capped and backfilled.

C. Abandoned structures. Any person, firm, association or corporation owning land within the corporate limits of the Village of New Hyde Park, upon which land there exists a wholly or partially complete abandoned or unoccupied structure which shall have been abandoned or unoccupied for a period of more than one (1) year, must install a chain link fence around said property in the dimensions set forth in § 101-4(A).

A PROPOSED LOCAL LAW AMENDING CHAPTER 71 OF THE CODE OF THE INCORPORATED VILLAGE OF NEW HYDE PARK, ENTITLED “DEMOLITION PERMITS” TO AMEND § 71-5, ENTITLED “PROVISIONS FOR AREAS NOT TO BE FILLED IN”, TO PROVIDE FOR THE MAINTENANCE OF CHAIN LINK FENCES AT HEIGHTS OF SEVEN FEET AND FOUR FEET IN COMMERCIAL AND RESIDENTIAL ZONES, RESPECTIVELY, DURING DEMOLITION

If the application indicates that excavated areas are not to be filled in and leveled, then the following work shall be done within two (2) days after demolition is completed:

A. A chain link fence shall be erected around the entire perimeter of the premises with a minimum height of seven (7) feet in all commercial zones and four (4) feet in all residential zones. Such fences shall be maintained in a neat and clean condition, and no signs, advertising or promotional matter shall be affixed or permitted to remain thereon. The height requirements set forth in this section may be varied only in the discretion of the Superintendent of Buildings upon good cause shown.

B. The chain link fences provided for in this section shall be maintained until the foundation upon the subject lot is capped and backfilled.

A PROPOSED LOCAL LAW AMENDING CHAPTER 57 OF THE CODE OF THE INCORPORATED VILLAGE OF NEW HYDE PARK, ENTITLED “BUILDING CONSTRUCTION” TO AMEND § 57-14, ENTITLED “PENALTIES FOR OFFENSES” TO INCREASE APPLICABLE FINES FOR THE VIOLATION OF CHAPTER 57

The Incorporated Village of New Hyde Park is aware of and duly acknowledges the existence of § 20-2006 of the Village Law of the State of New York, and hereby supersedes such section. Any person or corporation, whether as owner, lessee, occupant, architect, building contractor or the agent or employee of any of them, who violates or is accessory to the violation of any provision of this chapter or any regulation made under the authority conferred by this chapter or of the Uniform State Code or who shall erect, construct, alter, enlarge, convert, or move any building or structure without a building permit or in violation of any statement or plans submitted and approved under the provisions of this chapter, or who shall use any building, structure or land in violation of this chapter or any regulation made under the authority conferred by this chapter or violation of any building permit (including a special use permit) without a building permit or certificate of occupancy or certificate of existing use where one is required by this Code shall, upon conviction, be guilty of a violation pursuant to this chapter only, unless otherwise designated by law, punishable by a fine of not more than $2,000 or imprisonment of not more than 15 days, or both. The conviction of a second violation of any such provision or regulation, both of which were committed within a period of five years, shall be punishable by a fine of not more than $5,000 or imprisonment of not more than 15 days, or both. The conviction of a third or subsequent violation of any such provision or regulation, all of which were committed within a period of five years, shall be punishable by a fine of not more than $10,000 or imprisonment of not more than 15 days, or both. Each week’s continued violation shall constitute a separate additional violation.

A PROPOSED LOCAL LAW AMENDING CHAPTER 57 OF THE CODE OF THE INCORPORATED VILLAGE OF NEW HYDE PARK, ENTITLED “BUILDING CONSTRUCTION” TO AMEND § 57-7(B)(2), ENTITLED “CERTAIN CONDITIONS AND LIMITATIONS RELATING TO PERMITS” TO INCREASE ALL RENEWAL FEES TO SEVENTY-FIVE (75%) PERCENT AND FIFTY (50%) PERCENT OF THE ORIGINAL PERMIT FEE FOR THE INITIAL RENEWAL AND SUBSEQUENT RENEWALS, RESPECTIVELY, AND TO LIMIT THE DURATION OF SUCH RENEWALS

(2) Where and when the work contemplated and authorized by such permit shall have been timely commenced, all such work shall be completed within twelve (12) months of the date of issuance of such permit or such permit shall automatically expire by limitation; and in such case and circumstance all further or additional work shall cease and desist unless and until a renewal permit has been applied for and granted by the Building Department. In the event that a renewal permit is approved, then, upon the payment of an additional renewal fee equal to seventy-five (75%) percent of the original permit fee, such renewal permit shall be issued for and all work covered by and under such permit shall be completed within six (6) months of the date of issuance of such renewal permit. In the event that all work is still not completed within such renewal period, then an additional renewal permit must be obtained from the Superintendent of Buildings; and in each event of additional renewal, the renewal permit shall be valid for a period of three (3) months from the date of its issuance and shall be subject, in each case, to the payment of an additional renewal fee equal to fifty (50%) percent of the original permit fee. Renewal permits shall be required for any and all periods, following the expiration of the original permit and expiration of any subsequent renewals thereof. The duration of the original permit and any subsequent renewals shall not exceed a total period of twenty-four (24) months. Upon the expiration of said twenty-four (24) month period, a new application must be made to the Building Department for the issuance of a building permit.

A LOCAL LAW CREATING CHAPTER 196 OF THE MUNICIPAL

CODE OF THE INCORPORATED VILLAGE OF NEW HYDE PARK

PROVIDING FOR THE LICENSING OF RENTAL DWELLING UNITS

IN MIXED OCCUPANCY BUILDINGS AND MULTIPLE DWELLINGS

CHAPTER 196

LICENSING OF RENTAL DWELLING UNITS

IN MIXED OCCUPANCY BUILDINGS AND MULTIPLE DWELLINGS

ARTICLE I

GENERAL PROVISIONS

'196.1 Title.

This Chapter shall be known and may be cited as the "Licensing of Rental Dwelling Units Law of the Incorporated Village of New Hyde Park, New York".

'196.2 Legislative Intent.

The Board of Trustees has determined that there exist within the Village of New Hyde Park serious conditions which have arisen from the rental of dwelling units that are substandard or violative of the codes and ordinances of the Village, are inadequate in size, and are overcrowded and dangerous. Such dwelling units pose hazards to the lives, limbs and property of residents of the Village and to others. Such dwelling units also tend to promote or encourage deterioration of the housing stock of the Village, create blight, excessive vehicle traffic and parking problems, and overburden municipal services. The purpose of this Chapter is to halt the proliferation of such conditions, and to enhance the public health, safety, welfare and the good order and governance of the Village. These regulations are intended to be remedial in nature and effect.

'196.3 Applicability; More Restrictive Provisions to Prevail.

A. SCOPE. This Chapter shall apply to all rental dwelling units in mixed occupancy buildings and multiple dwellings, whether or not the use and occupancy thereof shall be permitted under the applicable use regulations for the zoning district in which such rental dwelling unit is located. The provisions of this Chapter shall not apply to plans approved for filing by the Attorney General of condominium complexes and cooperative apartment complexes. Any 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.

B. APPLICABILITY. The provisions of this Chapter shall be deemed to supplement applicable state and local laws, ordinances, codes or regulations, and nothing in this Chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Village, county or state, or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In case of conflict between any provision of this Article and any applicable state or local laws, ordinances, codes or regulations, the more restrictive or stringent provision or requirement shall prevail. The issuance of any permit or the filing of any form under this Chapter does not make legal any action or statement of facts that is otherwise illegal under any other applicable legislation.

'196.4 Definitions.

As used in this Chapter, the following terms shall have the meanings indicated:

A. CODE ENFORCEMENT OFFICER - Superintendent of Buildings, Senior Building Inspector, or Building Inspector of the Village of New Hyde Park, or the delegates and assistants of such superintendent or inspector.

B. DWELLING UNIT - a structure or building, or part thereof, or an area, room or rooms therein, occupied or to be occupied by one (1) or more persons as a home or residence.

C. MIXED OCCUPANCY BUILDING - shall mean a building occupied in part for residential use and in part for some other nonaccessory use. See multiple dwelling.

D. MULTIPLE DWELLING - shall mean any of the following:

1. A building designed or occupied for residential purposes by more than two (2) families; or

2. A series of attached, detached, or semi-detached buildings which are provided as a group collectively with essential services and utilities, and which are located on a lot, plot, or parcel of land, under common ownership; or

3. The residential part of a mixed occupancy building.

E. OWNER -

1. Owner or any other person or persons or entity or entities having the right to possession of a dwelling unit, except:

(a) a Public Housing Authority organized as such under the laws of the State of New York; and,

(b) a cooperative apartment corporation whose offering statement or prospectus has been accepted for filing by the New York State Attorney General under General Business Law '352-e.

2. A tenant will be considered to be an "owner" in relation to a subtenant.

F. RENT - A return, in money, property or other valuable consideration (including payment in kind or 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.

G. RENTAL DWELLING UNIT - A dwelling unit established, occupied, used or maintained for rental occupancy.

H. RENTAL OCCUPANCY - The occupancy or use of a dwelling unit by one (1) or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. There is a rebuttable presumption that any occupancy or use of a dwelling unit is a "rental occupancy" if the owner of the building containing the dwelling unit does not reside in the same building.

ARTICLE II

RENTAL OCCUPANCY PERMIT

'196.5 Rental Occupancy Permit Required.

It shall be unlawful and a violation of this Chapter for any person or entity who owns a dwelling unit in a mixed occupancy building and in a multiple dwelling to establish, maintain, use, let, lease, rent or suffer or permit the occupancy and use thereof as a rental occupancy without having first obtained a valid permit for such rental occupancy from the Building Department of the Village as herein provided.

'196.6 Application for Rental Occupancy Permit.

A. Application for a Rental Occupancy Permit for a rental dwelling unit shall be made in writing to the Building Department on a form provided by the Building Department for that purpose.

B. Such application shall be filed in duplicate and shall contain:

1. The name, address and telephone number, if any, of the owner of the dwelling unit intended for rental occupancy.

2. The street address and Tax Map description (section, block and lot or lots) of the premises intended for rental occupancy or the premises in which the rental dwelling units intended for occupancy are located.

3. The number of people presently residing in or occupying such premises intended for rental occupancy.

4. A description of the structure, including:

(a) The number of rental dwelling units in the structure;

(b) The number of persons intended to be accommodated by, and to reside in, each such rental dwelling unit; and,

(c) The number of rooms and the dimensions and use of each room in the structure but outside of the rental dwelling units.

5. For each rental dwelling unit, a description of the unit, including:

(a) The number of rooms in the rental dwelling unit; and,

(b) The dimensions and use of each such room.

6. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit.

7. The name and address of the insurance company, if any, providing the fire and other hazard and liability insurance for the owners of the premises, with a description of the type of insurance provided, policy limits for each coverage and the policy number and expiration date of such policy.

C. Such application shall be signed by the owner of the premises and the statements of such owner therein contained shall be verified under oath. If an owner is a natural person permanently residing outside of Nassau, Suffolk, Queens, Kings, New York, Richmond, Bronx and Westchester Counties, the application may be signed on behalf of the owner and may be verified by a managing agent having personal knowledge of the facts. An application executed on behalf of an owner by a managing agent having personal knowledge of the facts shall be verified under oath.

D. Such application shall be accompanied by the following:

1. A property survey of the premises drawn to a scale not greater than forty (40) feet to one (1) inch.

2. If not shown on the survey, a site plan, drawn to scale, showing all buildings, structures, walks, drives and other physical features of the premises and the number, location and access of existing and proposed on-site vehicle parking facilities.

3. A building permit application, properly prepared, for all proposed buildings, improvements and alterations to existing buildings on the premises, if any.

4. A copy of the certificate of occupancy, certificate of completion, and/or certificate of existing use, if any.

E. Notwithstanding the above, no Rental Occupancy Permit shall be required for a residential care facility established under New York State guidelines.

'196.7 Fees.

A. Permit application fee.

A non-refundable permit application fee shall be paid upon filing an application for a Rental Occupancy Permit in accordance with the following schedule of rental dwelling units per structure:

1. One (1) dwelling unit: __________________ dollars ($_______.00).

2. Two (2) dwelling units: __________________ dollars ($_______.00).

3. Three (3) dwelling units: __________________ dollars ($_______.00).

4. Four (4) dwelling units: __________________ dollars ($_______.00).

5. More than four (4) dwelling units: __________________ dollars ($_______.00), plus __________________ dollars ($_______.00) for each unit in excess of four (4).

These fees may be changed from time to time by Resolution of the Board of Trustees.

B. The fee required by this section shall be waived for any applicant which demonstrates that it is a not-for-profit housing development corporation organized under the laws of the State of New York, and that it is providing housing for senior citizens or other designated special populations subject to income guidelines established by either Federal or State regulations.

'196.8 Review of Application.

The Code Enforcement Officer shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed rental dwelling unit or units. If satisfied that the proposed rental dwelling unit or units, as well as the premises in which the same are located, comply fully with all applicable state and local laws, ordinances, rules and regulations of the county, town and Village, and that such rental dwelling unit or units would not create an unsafe or dangerous condition or create an unsafe and substandard structure, or create a nuisance to adjoining nearby property, the Code Enforcement Officer shall issue the permit or permits.

'196.9 Term of Permits.

All permits issued pursuant to this Chapter shall be valid for a period of two (2) years from the date of issuance and may be renewed for additional two year periods thereafter. The renewal application shall contain substantially the same information required by '196.6 of this Chapter upon forms to be furnished by the Building Department. Approval of renewal applications shall be based upon compliance with the requirements of '196.8 hereunder. The fees to be paid in connection with a renewal permit shall be the same as those fees set forth in '196.7 of this Chapter.

'196.10 Register of Permits.

It shall be the duty of the Code Enforcement Officer to maintain a register of permits issued pursuant to this Chapter. Such register shall be kept by street address, showing the name and address of the permittee, the number of rental dwelling units at such street address, the number of rooms in each such rental dwelling unit and the date of expiration of permit for such unit.

'196.11 Additional Criteria for Granting of Permits.

A. Smoke detectors/Carbon monoxide alarm.

No permit shall be issued until the Code Enforcement Officer shall inspect the rental dwelling unit to determine that it is equipped with a functioning smoke detector device and carbon monoxide alarm in compliance with the New York State Uniform Fire Prevention and Building Code and the Residential Code of New York State.

B. On-site parking.

The premises shall provide the minimum on-site parking spaces as required by the Village Code.

C. No rental permit shall be issued for a rental dwelling unit consisting of one (1) room only unless such room shall provide a minimum clear floor area of one hundred (100) square feet.

'196.12 Inspections.

The Code Enforcement Officer is authorized to make or cause to be made inspections to determine the condition of rental dwelling units. The Code Enforcement Officer is authorized to enter, upon consent of the owner if the unit is unoccupied or upon consent of the occupant if the unit is occupied, any rental dwelling unit and the premises in which the same is located, at a reasonable time or at such other time as may be necessary in an emergency for the purpose of performing duties under this Chapter.

'196.13 Application for Search Warrant Authorized.

The Code Enforcement Officer is authorized to make application to any court of competent jurisdiction for the issuance of a search warrant, to be executed by a police officer, in order to conduct an inspection of any premises covered by this Chapter where the owner or occupant refuses or fails to allow an inspection of the rental dwelling unit or premises and where there is reasonable cause to believe that a violation of this Chapter or a violation of the Multiple Residence Law, the New York State Uniform Fire Prevention and Building Code, Residential Code of New York State, the Nassau County Fire Prevention Ordinance, the Town of North Hempstead Code, the Town of Hempstead or the Village Code has occurred. The application for a search warrant shall, in all respects, comply with applicable laws of the State of New York.

ARTICLE III

REVOCATION AND APPEAL

'196.14 Revocation of Permit.

A. The Code Enforcement Officer shall 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 ten (10) days or more after written notice has been given to the permit holder or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law, New York State Uniform Fire Prevention and Building Code, Residential Code of New York State, the Nassau County Fire Prevention Ordinance, the Town of North Hempstead Code, the Town of Hempstead or a violation of this Chapter or other chapter of the Village Code. Revocation of a permit under this subsection cannot be done by a delegate or assistant of the Code Enforcement Officer.

B. An appeal from such revocation may be taken by the permit holder to the Village Board of Trustees, by written request, made within thirty (30) days from the date of such revocation. The Village Board of Trustees shall hold a public hearing on such appeal within thirty (30) days after receipt of written notice of such appeal and, after such hearing, shall make written findings, and a conclusion and a decision either sustaining such permit revocation or reinstating such permit within thirty (30) days after the close of such public hearing. Unless the Village Board of Trustees 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 Village Board of Trustees has considered and ruled upon the issue.

ARTICLE IV

RENTAL REGISTRATION

'196.15 Rental Registration Required.

It shall be unlawful and a violation of this Chapter for any owner to permit any tenant or other person to take up residence by a rental occupancy in any dwelling unit without the owner first having completed and filed with the Code Enforcement Officer a Rental Registration Form approved by the Superintendent of Buildings. A new form must be filed whenever a dwelling unit or portion thereof has become vacant and the owner intends to permit a new tenant or other person to take up residence. A new form must also be filed whenever a transfer in ownership of a building that contains rental dwelling units occurs.

ARTICLE V

RENT COLLECTION

'196.16 Collection of Rent.

The following shall be conditions precedent to the collection of rent for the use and occupancy of any dwelling unit:

A. The issuance of a Rental Occupancy Permit for the premises as required by '196.5;

B. The filing of a valid Rental Registration Form for the tenancy as required by '196.15; and,

C. The tendering of a written receipt in exchange for any rent payment offered in cash.

ARTICLE VI

PENALTIES

'196.17 Penalties for Offenses.

A. Any person, association, firm or corporation which violates any provision of this Chapter or assists in the violation of any provision of this Chapter shall be guilty of a violation of this Chapter only and shall be punishable as follows:

1. By a fine of not more than two thousand dollars ($2,000.00) or by imprisonment for a period not to exceed fifteen (15) days, or both, for conviction of a first offense.

2. By a fine of not more than five thousand dollars ($5,000.00) or by imprisonment for a period not to exceed fifteen (15) days, or both, for conviction of a second offense, provided the first and second offenses were committed within a period of five (5) years of each other.

3. By a fine of not more than ten thousand dollars ($10,000.00) or by imprisonment for a period not to exceed fifteen (15) days, or both, for conviction of the third or subsequent offense or a series of offenses, all of which were committed within a period of five (5) years.

B. Each week's continued violation shall constitute a separate additional violation of this Chapter.

ARTICLE VII

SEVERABILITY

'196.18 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.

This Chapter shall be effective upon filing with the Secretary of State. No violation of this Chapter will be charged prior to ________________, 2005 and no violation of this Chapter, regarding failure to obtain a permit, will be charged against a person or entity which:

1. Has filed the necessary application in proper form and in good faith, with all required information and attachments, on or before ________________, 2005;

Send mail to nhpinfo@vnhp.org with questions or comments about this web site. Copyright © 2000 Village of New Hyde Park Last modified: December 07, 2006

Send mail to nhpinfo@vnhp.org with questions or comments about this web site.
Copyright © 2000 Village of New Hyde Park
Last modified: December 07, 2006