Chapter 82, NEIGHBORHOOD PRESERVATION

		[HISTORY: Adopted by the Town Board of the Town of Brookhaven 12-7-1999 by L.L. No. 12-1999, effective 12-10-1999. Amendments noted where applicable.]

		§ 82-1. Legislative intent.

		A.The intent of this local law is to preserve the aesthetic integrity of our residential neighborhoods, prevent neighborhood blight, protect residential property values, encourage residential property maintenance and enhance the quality of life in our residential neighborhoods.

		B.This local law is intended to apply to all dwelling units within the Town of Brookhaven. This local law shall not apply to property located in the Great South Beach (Fire Island) which will be regulated by §85-170.1 of the Code of the Town of Brookhaven. The Town Board of the Town of Brookhaven has determined that there exists in the Town of Brookhaven 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, which regulations are remedial in nature and effect. The Board also finds that owner occupied dwellings can also fall into disrepair and not be adequately maintained, which has a detrimental effect on neighborhoods. [Amended 10-15-2002 by L.L. No. 22-2002, effective 10-21-2002]

		§ 82-2. Definitions.

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

		CODE ENFORCEMENT OFFICER -- Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building/Zoning Inspector, Building Inspector, Zoning Inspector, Waste Management Inspectors, Housing Inspectors, Building Permits Coordinator, Electrical or Plumbing Inspector, Chief Fire Marshal, Assistant Chief Fire Marshal, Senior Fire Marshal, Police Officer, Town Investigator or Ordinance Inspector of the Town of Brookhaven and other law enforcement officers.

		DWELLING UNIT -- A structure or building, one, two, or three family dwelling, or multi-unit apartments, condominiums or cooperatives, occupied or to be occupied by one or more persons as a home or residence.

		IMMEDIATE FAMILY -- The "immediate family" of the owner of a housing unit consists of the owner's spouse, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws.

		OWNER -- Owner or any other person or entity having the right to possession of a dwelling unit.

		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 -- A dwelling unit established, occupied, used or maintained for rental occupancy as a one, two, or three family dwelling or multiple apartment units or condominiums or cooperatives.

		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 Chief Building Inspector and shall be valid for two (2) years from the date of issuance.

		4 to 50 units$1,000

		51 to 100 units 1,500

		101 to 200 units 2,500

		Over 200 units 5,000

 

		§ 82-6. Smoke detectors. [Amended 10-15-2002 by L.L. No. 22-2002, effective 10-21-2002]

		Each rental dwelling shall be equipped with a functioning smoke detector device, in compliance with New York State Uniform Fire Prevention and Building Code.

		§ 82-7. Required space for occupancy.

		No person shall occupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements:

		A.Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor area per occupant, the floor areas to be calculated on the basis of total usable floor area of habitable rooms.

		B.There shall be no more than four (4) persons per bedroom.

		C.At least fifty (50%) percent of the floor area of every habitable room shall have a ceiling height of at least seven and one-half (7-1/2) feet. The floor area of the part of any room where the ceiling height is less than five (5) feet shall not be considered in computing the usable floor area of the room for the purpose of determining maximum permissible occupancy thereof.

		D.No cellar, kitchen or bathroom space shall be used as a habitable room or dwelling unit or to calculate the minimum total usable floor area.

		E.No basement space shall be used as a habitable room or dwelling unit unless, in addition to the other provisions of this chapter and the New York State Uniform Fire Prevention and Building Code: