Chapter 170. Rental Property
[HISTORY: 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.
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.
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.
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.