[HISTORY: Adopted by the Board of Trustees of the Village
of Bellerose as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-28-2011 by L.L. No. 4-2011]
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.
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.
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.
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.
The permit shall be valid for a period of two years from the
date of issuance.
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.
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.
