A. Upon approval by the Hearing Officer of an application for an owner-occupied accessory apartment permit, there becomes immediately due and payable a fee of two hundred and fifty ($250) dollars for each one-year period or part thereof that said permit is in existence. In the event all owners of property granted a permit are 65 years of age or older, the fee for an owner-occupied accessory apartment permit shall be one hundred twenty-five ($125) dollars for each one-year period or part thereof upon submission of proper proof of age to the Accessory Apartment Bureau. [Amended 7-2-2002 by L.L. No. 25-2002]

B. The Town Board may from time to time adopt and amend a schedule of fees and surcharges to be imposed upon applicants for permits authorized by this article.

A. Any principal residence requirement exception permit that had been applied for prior to December 31, 1997, and having been approved by the Hearing Officer shall be permitted to exist until such time as the property is sold by the permit holder or said permit expires without having been renewed in accordance with the provisions of this article.

B. (Reserved)

C. (Reserved)

D. Renewals.

(1) Any permit issued under the principal residence requirement exception may be renewed for an additional term of one year by application as in the event of an original application. The notice and/or hearing requirement of § 198-137 shall not apply to applications for renewal, except that the Hearing Officer shall have the authority to call 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 inspection requirements outlined in this article and payment of the permit fee. [Amended 4-8-2003 by L.L. No. 14-2003 ]

**Webmasters Note: The previous subsection has been amended as per Local Law No. 14-

2003.

E. Nonresident representatives.

(1) All persons who are granted a permit under the principal residence requirement exception who are not residents of the Town of Huntington shall designate a person who is a resident of the Town of Huntington and notify the Hearing Officer of such designation and to whom they will give power of attorney to act on their behalf in all matters related to the conditions and requirements of the accessory apartment permit. They also appoint the Huntington Town Clerk to be their representative for the service of process in any matter concerning the accessory apartment. The Clerk's responsibility will be to send a copy of said process to the address of the property owner on file in the office of the Receiver of Taxes and prepare and retain affidavits of mailing of said process.

(2) All persons who are granted a permit under the principal residence requirement exception who are residents of the Town of Huntington but will absent themselves from the Town for a period in excess of 45 days shall designate during that period of absence a person who is a resident of the Town of Huntington and who will be present during the permit holder's period of absence to whom the permit holder designates and gives power of attorney to act on the permit holder's behalf in all matters related to the conditions and requirements of the accessory apartment permit and shall notify the Hearing Officer of such designation. Such procedure for service of process shall be that as set forth in § 198-143E(1).

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

A.permit for an accessory apartment issued pursuant to the principal residence requirement exception provisions of this Article shall remain in effect until the earlier of the following occurrences:

A. One (1) year from the date an application for an accessory apartment permit is granted by the Hearing Officer; or

B. Transfer of title of the single-family dwelling in which the accessory apartment is located; or

C. Upon a determination by the Hearing Officer, after a public hearing in accordance with § 198-141B, that the owner, the person having possession and/or occupant(s) of the dwelling unit(s) located within the residence building are guilty of a violation asset forth in § 198-141A; or

D. The permit is terminated by operation of law or order of the court.

A. Upon the approval by the Hearing Officer of an application, the Hearing Officer shall issue the permit upon the payment by the applicant, in addition to any application fees, of the sum of $400 for each one-year period or part thereof that said permit is in existence.

B. The Town Board may from time to time adopt a schedule of reasonable fees and surcharges to be imposed upon applicants for permits authorized by this article.

C. In addition to the fees stated above, the applicant for a principal residence requirement exception shall also post the sum of $1,000 cash security for each apartment up to five and, for every additional four apartments, or fraction thereof, an additional security of $1,000 with the Comptroller of the Town of Huntington.

(1) This cash security shall be forfeited. to the Town of Huntington upon the occurrence of any of the following conditions:

(a) The principal residence requirement exception permit is revoked.

(b) The premises is not maintained pursuant to the requirements as contained in the Code of the Town of Huntington or the New York State Building and Fire Code.

(c) The principal residence requirement exception permit is not renewed and the premises is not altered to comply with the Code of the Town of Huntington or the New York State Building and Fire Codes within 60 days after the expiration date of the permit.

(d) The principal residence requirement exception permit's term has expired and the premises is not altered to comply with the Code of the Town of Huntington or the New York State Building and Fire Codes within 60 days after the expiration date of the permit.

(2) The cash security shall be returned to the principal residence requirement exception permit holder upon the occurrence of the following conditions:

(a) The use of the premises is restored to a single- family dwelling and:

[1] The premises has been altered to comply with the Code of the Town of Huntington and/or the New York State Building and Fire Codes for a single-family dwelling; and

[2] The principal residence requirement exception permit has been returned to the Town of Huntington and canceled.

(b) Upon approved transfer to a homeowner-occupied applicant.

D. The fee for the transfer of the permit shall be $75, and the fee for the renewal of the permit shall be $50

[Amended 4-19-2005 by L.L. No. 14-2005]

A. Take Back the Blocks Program.

(1) A not-for-profit agency as defined in § 501(c)(3) of the United States Code, or successor law, who is participating in and satisfies the criteria of the "Take Back the Blocks Program," may apply for and receive an accessory apartment permit if it lawfully holds title to a single-family structure identified as part of such Program. The application fee and annual permit fee for an accessory apartment shall be waived while the property is owned by the not-for-profit agency. The lot frontage of the property shall be no less than fifty (50) linear feet, and the provisions of § 198-134(A)(8) shall be waived. In all other respects, the requirements of this Article shall be applicable to such properties.

(2) Upon the sale of the property by a qualified not-for-profit agency to a new owner, the new owner shall be required to apply for a transfer of the accessory apartment permit, except that the Hearing Officer may waive the ninety-day period set forth in this Article. The application fee to transfer the permit and the accessory apartment permit fee for the first year of ownership shall be waived. All properties sold by the not-for-profit agency shall be occupied by the new owner in accordance with the Accessory Apartment Law in order to qualify for the exemptions.

(3) The exemptions provided in this section shall apply only to purchasers who, at the time of purchase, are participants in and satisfy the criteria adopted by the Town Board as part of the "Take Back the Blocks Program." These exemptions shall continue upon subsequent transfers of ownership only if future purchaser(s) meet the criteria established by the Town Board.

(4) The Town Board may, from time to time, amend any portion of the "Take Back the Blocks Program" as it deems necessary, including the criteria qualifying not-for-profit agencies, designated properties and prospective purchasers.

**Webmasters Note: The previous section has been amended as per Local Law No. 14-2005.

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

A. All appeals from the determination of the Hearing Officer or from any administrative determination regarding the interpretation of any provision of this chapter shall solely be by an Article 78 proceeding without any right or obligation to appeal to the Zoning Board of Appeals. Said appeal must be filed within thirty (30) days of the filing of the Hearing Officer's determination or from the issuance of the administrative determination appealed from.

B. Tn adopting Subsection A herein, the Town Board's intention is to exercise its authority pursuant to Municipal Home Rule Law § 10 to supersede any inconsistent provision of state law, with particular reference to Town Law § 267-a(4).

[Amended 7-2-2002 by L.L. No. 25-20021

A. For each violation of the provisions of this Article, the owner or person in charge of the property where such violation has been committed or exists shall be held liable, on conviction thereof, to a fine or penalty not less than five hundred ($500) dollars nor more than five thousand ($5,000) dollars, upon a conviction of a first offense; upon a conviction of a second offense, within a period of five (5) years of the first conviction, a fine of not less than one thousand ($1,000) dollars nor more than ten thousand ($10,000) dollars; and upon conviction of a third or subsequent offense, within a period of five (5) years of the first and second conviction, a fine of not less than one thousand five hundred ($1,500) dollars nor more than fifteen thousand ($15,000) dollars. Each day such violation continues, following notification by the Town or service of a summons, shall constitute a separate offense, punishable in like manner.

B. For each violation of the provisions of § 198-134D(1) of this Article, the owner or person in charge of the property shall be held liable, on conviction thereof, to a fine or penalty not less than two hundred ($250) dollars and not more than five hundred ($500) dollars for each week the inspection is not conducted or cannot be completed.

C. For each violation of the provisions of § 198-134D(3) of this Article, the owner or person in charge of the property shall be held liable, on conviction thereof, to a fine or penalty of fifty ($50) dollars.

**Webmasters Note: The previous sections, 198-132 through 198-148, have been amended as per a supplement dated 9-25-2002.