Batavia, N.Y., Code of Ordinances ch. 143 § 143-5

The renewal of a permit to operate a rooming house shall be granted upon the approval of the Code Enforcement Officer subject to specific terms and conditions as herein provided. If any of these conditions are violated, the permit is subject to revocation or not being renewed. A. General provisions. The following general provisions shall apply: (1) All rooming house permits shall be renewed each and every year prior to January 1, and such permit shall be valid for the ensuing calendar year only. (2) The annual fee for renewing a rooming house permit shall be as set from time to time by resolution of the City Council. (3) In the event that a rooming house is sold or the ownership is in any way changed, the existing permit shall be terminated and a new application shall be made as hereinabove set forth. Under no circumstances shall a permit for a rooming house be assigned. Change of ownership without a new application being made shall be grounds for revocation of such permit. (4) Rooming houses legally operating and duly licensed at the time of adoption of the ordinance from which this chapter is derived, and/or which may constitute nonconforming uses under the zoning regulations of the City of Batavia, shall be entitled to the issuance of a license under this chapter upon compliance with all of the provisions of this chapter except those restrictions contained in § 143-6 . B. Procedures for renewing a rooming house permit or new application due to change in ownership. In order to renew a rooming house permit within the City of Batavia, the following procedures shall be followed: (1) An application for a rooming house permit renewal shall be completed. It shall be furnished by the office of the Code Enforcement Officer. The application shall consist of a sworn statement setting forth: (a) The name, address and telephone number of all persons involved as owners and/or operators of the proposed rooming house; a statement detailing a description of the building; and information regarding the number of roomers to be accommodated, with specific information on the number of persons in each bedroom. (b) Where the applicant for a rooming house permit is a nonresident, the application shall identify the name, address and telephone number of a local agent designated to act on behalf of the owner and responsible for the maintenance of the rooming house. (c) An inspection by the Code Enforcement Officer of the property and compliance with § 143-6 of this chapter. (2) In considering the renewal or new application for a permit to operate a rooming house, the Code Enforcement Officer shall take into consideration: (a) Potential traffic problems that have arisen without resolve; (b) The present safety and/or sanitary condition of the structure, and the appearance of the building in the neighborhood; (c) Refusal to permit an inspection of the property by the Code Enforcement Officer; (d) False statements on the application permit; (e) Permittee's conviction of a crime; (f) Any act or conduct of the permittee which indicates his/her unfitness to operate a rooming house; (g) Any activity which affects the safety or tranquility of the surrounding community; (3) In the event the application is denied, the Code Enforcement Officer shall notify the applicant of such action and indicate the reasons for such denial in writing. (4) In the event that the application is approved, the Code Enforcement Officer shall set forth all the details and conditions for the granting of such permit, in writing, to the applicant. In such instances, all and any repairs or improvements, pursuant to the report of the Code Enforcement Officer, shall be considered as conditions for the granting of a permit and shall be made by the applicant as directed prior to the issuance of the permit. (5) The granting of such a permit shall also include the conditions necessary for maintenance and renewal of such permit. Under the terms and conditions of this chapter of the City of Batavia Municipal Code, a rooming house permit shall be subject to revocation if prescribed terms and conditions upon which the permit was issued are not kept and/or it is found that the operations of such rooming house create an adverse impact upon the neighborhood. Adverse impact may include, but shall not be limited to, excessive noise, criminal activity by the roomers on the premises, undue disturbances affecting the neighborhood and inadequate property maintenance and upkeep. C. Enforcement. The Code Enforcement Officer shall have all the powers and duties to enforce this chapter and to make inspections, serve notices and orders, and take any other appropriate action, except as otherwise provided in this chapter. D. Revocation of permit. (1) The Code Enforcement Officer, if he or she determines that reasonable grounds exist, may refer to the City Planning and Development Committee for a hearing to revoke any permit issued under this chapter. (2) The Code Enforcement Officer shall give written notice, to the holder of the rooming house permit, of the charges, and the time, date and place that they will be presented to the Planning and Development Committee. Any permit may be revoked for making any false statement in the application for a permit; for a violation of any of the terms and conditions upon which the permit was issued; for any disorderly, indecent or immoral conduct on the premises; or for a violation of any of the rules or regulations, ordinances or laws of the United States, State of New York, County of Genesee or the City of Batavia. (3) The Code Enforcement Officer shall cause notice of such referral and the reason or reasons therefor to be served upon the persons named in the application as the owner or holder and also upon the owner of record of the premises so used as a rooming house. Said service shall be by registered mail with a return receipt, directed to the holder of the permit at the subject premises and to the owner of the address of said owner last known to the Code Enforcement Officer, or by personal or substituted service. (4) If the City Planning and Development Committee finds reasonable cause, the City Planning and Development Committee shall set a public hearing to consider revocation of the permit and shall cause a notice thereof, specifying the time, date and place of the public hearing, to be served in the same manner as above provided. If the City Planning and Development Committee finds, after the public hearing, that revocation of the permit is in the best interest of the community, the operator shall be notified of this decision, in writing, and an appropriate time for discontinuance of the rooming house established.