Adopted by the Board of Trustees of the Village of Bellerose as
indicated in article histories. Amendments noted where applicable.]
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.
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.
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
§ 170-3. Application for permit.
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.
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.
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.
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
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.
The permit shall be valid for a period of two years from the date of issuance.
§ 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.
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.
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.
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.