Middletown, N.Y., Code of Ordinances ch. 296 § 296-23

A. Mandatory revocation. The Commissioner of Public Works shall revoke a permit issued under this article when: (1) A resident or former resident of the premises for which such permit was issued is convicted of any crime as defined in Article 220 , 221 or 265 of the Penal Law of the State of New York, or of the crime of murder, or of any violent felony as defined in § 70.02 of the Penal Law of the State of New York, provided that: (a) Such resident was residing at the aforesaid permitted premises at the time of the commission of the crime; and (b) Such resident's name appeared on the register provided for in § 296-19B of this article in the ten-year time period prior to the date of the commission or the crime; and (c) The number of rental units located at the premises for which such permit was issued does not exceed 20 units; or (2) Two or more residents or former residents of the premises for which such permit was issued are convicted of any crime as defined in Article 220 , 221 or 265 of the Penal Law of the State of New York, or of the crime of murder, or of any violent felony as defined in § 70.02 of the Penal Law of the State of New York within a period of five years, provided that: (a) Each such resident was residing at the aforesaid permitted premises at the time of the commission of that resident's crime; and (b) Each such resident's name appeared on the register provided for in § 296-19B of this article in the ten-year time period prior to the date of the commission of that resident's crime; and (c) The number of rental units located at the premises for which such permit was issued is between 20 units and 100 units; or (3) Three or more residents or former residents of the premises for which such permit was issued are convicted of any crime as defined in Articles 220 , 221 or 265 of the Penal Law of the State of New York, or of the crime of murder, or of any violent felony as defined in § 70.02 of the Penal Law of the State of New York within a period of five years, provided that: (a) Each such resident was residing at the aforesaid permitted premises at the time of the commission of that resident's crime; and (b) Each such resident's name appeared on the register provided for in § 296-19B of this article in the ten-year time period prior to the date of the commission of that resident's crime; and (c) The number of rental units located at the premises for which such permit was issued exceeds 100 units; or (4) Three or more residents or former residents of the premises for which such permit was issued are convicted of any crime in the same calendar year, provided that: (a) Each such resident was residing at the aforesaid permitted premises at the time of the commission of that resident's crime; and (b) Each such resident's name appeared on the register provided for in § 296-19C of this article in the five-year time period prior to the date of the commission of that resident's crime; and (c) The number of rental units located at the premises for which such permit was issued does not exceed 20 units; or (5) Five or more residents or former residents of the premises for which such permit was issued are convicted of any crime in the same calendar year, provided that: (a) Each such resident was residing at the aforesaid permitted premises at the time of the commission of that resident's crime; and (b) Each such resident's name appeared on the register provided for in § 296-19C of this article in the five-year time period prior to the date of the commission of that resident's crime; and (c) The number of rental units located at the premises for which such permit was issued is between 20 units and 100 units; or (6) Seven or more residents or former residents of the premises for which such permit was issued are convicted of any crime in the same calendar year, provided that: (a) Each such resident was residing at the aforesaid permitted premises at the time of the commission of that resident's crime; and (b) Each such resident's name appeared on the register provided for in § 296-19C of this article in the five-year time period prior to the date of the commission of that resident's crime; and (c) The number of rental units located at the premises for which such permit was issued exceeds 100 units. B. Discretionary revocation. The Commissioner of Public Works may revoke a permit issued under this article when: (1) The permit holder has caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit was issued for a period of 10 days or more after written notice has been given to the permit holder or the managing agent of such rental unit a violation of the Multiple Residence Law of the State of New York, or of the New York State Uniform Fire Prevention and Building Code, or of any of the codes and ordinances of the City of Middletown; or (2) The subject premises contains a violation or violations of the Multiple Residence Law of the State of New York, or of the New York State Uniform Fire Prevention and Building Code, or of any of the codes and ordinances of the City of Middletown, which violation(s) are determined by the Commissioner of Public Works, in his discretion, to be a danger to the health or safety of residents of the subject premises or neighboring; or (3) The subject premises has incurred repeated violations of the Multiple Residence Law of the State of New York, or of the New York State Uniform Fire Prevention and Building Code, or of any of the codes and ordinances of the City of Middletown, during the life of the subject permit, which violations are determined by the Commissioner, in his discretion, to constitute an adverse impact upon the quality of life, the enjoyment or value of property and the welfare of the surrounding neighborhood. C. Hearings. (1) If a decision is made to revoke a permit, the permit holder shall be notified of the reason(s) therefor by written notice from the Commissioner of Public Works mailed to the applicant by regular and by certified mail, return receipt requested. A permit holder has 10 working days from the date of such written notice to request a hearing before a special committee of the Common Council as hereinafter provided. All requests for hearings must be in writing, directed to the Clerk of the Common Council, and accompanied by a fee of $100. If the permit holder requests such a hearing, the permit holder shall be issued a temporary permit by the Commissioner of Public Works which shall expire 60 days after the final decision of the special committee of the Common Council. (2) Upon a request for a hearing, the President of the Common Council shall designate a special committee to consist of the President of the Common Council and one Alderperson from each ward. The President shall act as presiding officer at the hearing. The hearing shall be conducted within 30 days after receipt of the request therefor. The hearing shall be public, and the permit holder may be represented by counsel and shall be able to call witnesses in his or her behalf. The special committee in its discretion may rescind a revocation for good cause shown. The special committee shall issue a written decision within 20 days after the hearing, and the Clerk of the Common Council shall provide the permit holder with a copy of this decision within five business days after its issuance. (3) In the event the permit holder is not satisfied with the decision of the special committee, such permit holder may file an Article 78 proceeding under the New York Civil Practice Law and Rules, except that such Article 78 proceeding must be filed within 30 days of the filing of the special committee's decision with the City Clerk of the City of Middletown and service of the same upon the permit holder. D. Reapplications. A permit holder whose permit has been revoked pursuant to the provision of this section may not reapply for a permit for the premises which was the subject of the revocation until three years after the date of revocation, unless the Commissioner of Public Works, in his sole discretion, allows an earlier reapplication. In all other respects, reapplications shall be considered pursuant to the provisions of this article governing application. E. The mandatory revocation provisions of Subsection A of this section shall not apply to permits issued to two-family dwellings.