A. The owner of a single-family dwelling, where authorized by this chapter, may apply to the Hearing Officer for a permit to maintain an accessory apartment. The application shall be in writing and in a form to be prescribed by said Hearing Officer and acknowledged by the applicant in the form of an affidavit verified under oath.

B. Applications authorized by Subsection A shall set forth:

(1) The name and address of the owner.

(2) The street and post office address of the premises at which an accessory apartment is contemplated, together with its Suffolk County Tax Map description.

(3) Such other information as said Hearing Officer may require in furtherance of his/her authority under this article.

C. Applications authorized by Subsection A shall be accompanied by:

(1) A survey of the premises at which the accessory apartment is contemplated, at a scale and size suitable for filing.

(2) A floor plan of any existing dwelling and one photograph each of the front, rear and each side of any existing dwelling on the premises which is the subject of the application, taken within two weeks of making the application, and, if not included on the survey, a site plan, drawn to scale, showing all buildings, structures, walks, drives, other physical features of the premises and the location of and access to existing and proposed off-street parking.

(3) A floor plan of the proposed dwelling as same shall exist after any alterations or modifications made for such accessory apartment.

(4) A fully complete application to the Department of Engineering, Building and Housing for all necessary building permits.

(5) A copy of the recorded deed to the real property and a complete copy of all covenants and restrictions imposed upon the property, whether or not recorded in the Office of the Suffolk County Clerk. [Amended 7-2-2002 by L.L. No. 25-2002]

(6) A listing of all owners of record of all properties within a five-hundred-foot radius of the exterior limits of the subject real property.

(7) Photographs depicting the front, back and sides of the dwelling, as well as photographs depicting the location of any existing driveways.

(8) Proof of residency of the owner(s).

(9) Photo identification of the owner(s).

(10) Affidavit(s) of the owner(s) disclosing any and all parties having any financial or ownership interest in the property and whether any such party in interest is subject to the provisions of the Code of Ethics of the Town of Huntington.

D. Applications for an accessory apartment permit, or for a renewal or transfer thereof, shall be accompanied by a duly executed and acknowledged written consent of the applicant .authorizing an inspection of the premises under review as set forth in § 198-134D. [Amended 7-2-2002 by L.L. No. 25-2002]

E. Renewals.

(1) Any permit issued under this article may be renewed for an additional term as provided in Subsection A by application as in the event of an original application. The notice and/or hearing requirements of § 198-137 shall not apply to applications for renewal, except that the Hearing Officer shall have the authority to require a hearing on notice when, in his/her discretion, special circumstances exist which would require public input.

(2) Said renewal application shall be subject to all inspections and payment of the applicable fee. All fees for renewal of an existing permit shall be paid within 30 days of the expiration of the existing permit. All fees paid after 30 days of the expiration of the existing permit shall be subject to a late filing fee of $50

F. Transfer of permits.

(1) An accessory apartment permit, except for a permit issued pursuant to the principal residence exception hereinafter set forth in § 198-143A, may be transferred to a subsequent property owner by application as in the event of an original application and in accordance with § 198-135B. The notice and/or hearing requirements of § 198-137 shall not apply to an application for transfer of a permit, except that the Hearing Officer shall have the authority to require a hearing on notice when, in his/her discretion, special circumstances exist which would require public input. [Amended 7-2-2002 by L.L. No. 25-2002]

(2) Said transfer application shall be subject to all inspections and payment of the applicable fee.

G. Fees.

(1) The fee for the initial permit application for all permits that are applied for before any notice of violation is issued for operating an illegal apartment shall be $150, which shall be nonrefundable and paid at the time of filing the application.

(2) The fee for the initial permit application for all permits that are requested after a notice of violation has been issued for operating an illegal apartment shall be $500, which shall be nonrefundable and paid at the time of fling the application.

(3) The fee for the transfer of a permit shall be seventy-five ($75) dollars and the fee for the renewal of a permit shall be twenty-five ($25) dollars. [Amended 7-2-2002 by L.L. No. 25-2002]

A. Any application pursuant to the provisions of this article shall require a public hearing on an application under this article, and said Hearing Officer shall fix a time and place for a public hearing thereon.

B. Notice.

(1) Notice of the public hearing shall be drafted by the Town.

(2) Notice of the public hearing shall state the time and place thereof, the location of the premises affected by the application and that application has been made to the Hearing Officer for a permit to maintain an accessory apartment at those premises.

(3) Notice of public hearing shall be given to the public by publication in the official Town newspaper once per week for two consecutive weeks prior thereto.

(4) Mailing of notices. The applicant shall mail notices of the public hearing, postmarked no less than 30 days before the hearing, to the owners of all property within a five-hundred-foot radius of the exterior limits of the applicant's total property holding as shown on the current tax roll. The applicant shall file with the secretary/clerk in the accessory apartment office a United States postal service certificate of mailing for each and every notice of public hearing as required by this subsection in no less than five working days before the hearing. Failure to mail the notices as herein specified may result in postponement of the public hearing.

The Town Board of the Town of Huntington hereby delegates to the Hearing Officer the authority to issue permits pursuant to the provisions of this article, as set forth below.

A. The Hearing Officer shall be appointed by the Town Attorney and shall be compensated at the salary provided by the Town Board. The Hearing Officer shall be authorized to issue, on behalf of the Town, permits pursuant-to -the provisions of this article.

B. Hearing Officer shall adopt rules necessary for the conduct of affairs, in keeping with the provisions of this article, and the Comptroller shall make the necessary appropriations accrued as a consequence of the administration of this program. [Amended 4-13-1999 by L.L. No. 7-1999]

A. The Hearing Officer shall conduct the affairs delegated to him/her, keeping and maintaining minutes of the proceedings and all records, and shall file the determinations with the Town Clerk as a public record, all in the same manner as he/she does regarding the conduct of all other official business.

B. The Hearing Officer shall render a written decision within ninety (90) days of the close of the hearing, unless the time is extended for an additional ninety (90) days by the Hearing Officer. [Amended 7-2-2002 by L.L. No. 25-2002]

C. The decision of the Hearing Officer shall be filed in the Office of the Huntington Town Clerk and shall be mailed to the applicant by regular mail to the address shown on the application. In the event an application is denied the Hearing Officer shall set forth the reasons for such denial. If an application has been denied after a public hearing, no application for the same apartment shall be accepted or filed sooner than one (1) year of the date the denial is filed with the Town Clerk. [Added 7-2-2002 by L.L. No. 25-2002]

[Amended 7-2-2002 by L.L. No. 25-2002]

A. The Department of Public Safety shall notify the Hearing Officer if a notice of violation and/or a summons for any violation has been issued. The Hearing Officer may revoke, modify or amend a permit issued pursuant to this Article upon a finding, after a public hearing, that the permit holder and/or occupants) of the dwelling unit(s) located within the residence building are in violation of a condition imposed by the Hearing Officer at the time the accessory apartment permit was granted or renewed, or of any provision of this Article or of the Code of the Town of Huntington, the New York State Uniform Fire Prevention and Building Code or the conditions, rules and/or regulations of any other agency having jurisdiction.

B. The public hearing shall be held on fifteen (15) days prior notice to the permit holder and mailed to the address shown on the most current application on file with the Accessory Apartment Bureau, to the occupant(s) of all dwelling units located within the residence building which shall be mailed to the subject premises, and to the owners of all properties located within a distance of five hundred (500) feet of the property line of the subject premises. If the name(s) of the occupant(s), is not known then the notice shall be addressed to "occupant(s)." The Accessory Apartment Bureau shall cause said notices -to be mailed by regular mail and shall file a certificate of mailing with the Hearing Officer no later than five (5) days before the scheduled hearing date. Said notice shall state the nature of the alleged violation(s), the date, time and place of the hearing and shall advise the addressee that imposition of civil penalties pursuant to § 198-141C(3), if any, in a sum to be determined by the Hearing Officer shall be considered. The Hearing Officer's decision shall be filed in the Huntington Town Clerk's Office, and mailed to the permit holder and to the occupants of all dwelling units located within the residence building in the same manner as the notice of public hearing.

C. Payment of fines and penalties; revocation of permit; civil penalties.

(1) If after a public hearing, the permit holder and/or occupant(s) is found to be in violation as set forth in § 198-141A and the permit is modified or amended by the Hearing Officer, then in that event the accessory apartment permit, as modified or amended, shall not be in effect until all outstanding fines and penalties are fully paid and the premises have been inspected by the Town of Huntington and found to be in full compliance.

(2) In the event a permit has been revoked by the Hearing Officer after a public hearing, then no application for an accessory apartment permit for the same premises shall be accepted or filed until all outstanding fines and penalties are fully paid; the premises have been inspected by the Town and found to be in full compliance; and three (3) years have passed since the filing of the revocation in the Town Clerk's Office.

(3) If an accessory apartment permit issued pursuant to the principal residence requirement exception is revoked after a public hearing, the permit shall not be renewed, restored or reissued.

(4) In addition to any penalty imposed under this Article, the Hearing Officer, after a public hearing held pursuant to § 198-141B, may impose a civil penalty of up to one hundred ($100) dollars for each day the violation continues until such time as the violation(s) is corrected to the satisfaction of the Town. Any civil penalty imposed by the Hearing Officer shall be payable to the Town of Huntington by the property owner within fifteen (15) days of receipt of such decision. If the civil penalty imposed by the Hearing Officer is not paid in full at the expiration of said fifteen (15) days, then upon the recommendation of the Director of Public Safety, said unpaid penalty shall be presented to the Town Board and, if approved, shall be added to the tax bill and levied against the property where the violation has occurred. The Director of Public Safety may, in his discretion, extend the time to pay such civil penalty upon good cause shown at any time before the matter is presented to the Town Board.