Rental Property - Bellerose Village Official

[HISTORY:  Adopted by the Board of Trustees of the Village of Bellerose as  indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Noise — See Ch. 144.

Nuisances — See Ch. 147.

Property maintenance and housing — See Ch. 165.

Zoning — See Ch. 210.

 Article I. Rental Permit  

[Adopted 2-28-2011 by L.L. No. 4-2011]

 § 170-1. Construal of provisions.  

Nothing  in this article shall be deemed to abolish, impair, supersede or  replace existing remedies of the Village, county or state or existing  requirements of any other provision of local laws or ordinances of the  Village or county or state laws and regulations; nor shall it be  construed that two-family homes or apartments are permitted in the  Residence District. In the case of a conflict between this article and  other regulations, the more stringent requirements will prevail.

 § 170-2. Permit required.  

It  shall be unlawful for the owner, or agent thereof, of any dwelling in  the Residence District or any dwelling unit in the Apartment-Business  District to allow, permit or suffer the occupancy of any residential  dwelling or dwelling unit therein which is not the residence of the  owner, without having first obtained a rental permit pursuant to this  article. It shall be immaterial whether or not rent or any other  consideration is paid to the owner by the occupant of the dwelling or  dwelling unit.

 § 170-3. Application for permit.  

A. Application  for such permit shall be made, in writing, to the Building Inspector on  a form provided therefor and shall contain the name of the applicant,  the address of the premises, the number of dwelling units, and person(s)  to be accommodated.

B. Each  application shall be accompanied by a survey or sketch to scale showing  the size and location of the premises, all buildings and structures and  a floor plan to scale of each dwelling or dwelling unit.

C. Each  application shall be executed by and sworn to by the owner of the  premises or such person who operates such premises if other than the  owner, with a written authorization by the owner.

 § 170-4. Compliance required.  

A.  No  permit or renewal thereof shall be issued under any application unless  the property shall be in compliance with all the provisions of the Code  of the Village of Bellerose, the laws and sanitary and housing  regulations of the County of Nassau and the laws of the State of New  York.

B. Prior  to the issuance of any such permit or renewal thereof, the property  owner shall provide a certification from a licensed architect, a  licensed professional engineer, or the Building Inspector or his  designee based upon a physical inspection of the premises, certifying  that the property which is the subject of the application is in  compliance with all the provisions of the Village Code, the laws and  sanitary and housing regulations of the County of Nassau and the laws of  the State of New York.

 § 170-5. Term of permit.

 § 170-6. Permit fees; late charge for overdue permit renewals.  

A.  Permit fees shall be set by resolution of the Board of Trustees from time to time for the following classes:

(1)  Class I: one-family homes or apartments/mixed-use buildings with up to two dwelling units.

(2)  Class II: three or more dwelling units.

B. A  late charge equal to two times the amount of the applicable permit fee,  prorated for the period of time constituting the overdue period, shall  be paid for the renewal of any expired rental permit required by this  article. Said late charge shall be in addition to the basic permit fee.

 § 170-7. Authorization for inspections.  

The  submission of an application for a rental permit or the reissuance of  such permit shall be deemed an authorization by the owner to the  Building Inspector or Code Enforcement Officer or his/her designee to  make or cause to be made inspections to determine the condition of the  premises or to safeguard the health, safety, morals and welfare of the  public. Such inspection shall be made at any reasonable time during  daylight hours or at such other time as may be necessary in an  emergency, without the further consent of the owner.

 § 170-8. Penalties for offenses.  

A  first violation of this article shall be punishable by a fine of not  less than $500 and not more than $1,000 or imprisonment for a period not  to exceed six months, or both. A second violation of this article  within five years of a previous conviction of the offense shall be  punishable as a misdemeanor and by a fine of not less than $500 and not  more than $1,500 or imprisonment for a period not to exceed one year, or  both. A third violation of this article within five years of the second  conviction of the offense shall be punishable as a misdemeanor and by a  fine of not less than $1,000 and not more than $2,000 or imprisonment  for a period not to exceed one year, or both.