[HISTORY: Adopted by the Board of Trustees of the Village
of Belle Terre 3-18-2014 by L.L. No. 2-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 78
Property maintenance — See Ch. 116.
Zoning — See Ch. 170.
[1]
Editor's Note: This local law was originally adopted
as Ch. 169 but was renumbered to maintain the alphabetical sequence
of the Code.
As used in this chapter, the following terms shall have the
meanings indicated:
The Chief Building Inspector of the Village of Belle Terre
or his/her designee.
As defined in § 170-1.
One of the following:
One, two or three persons occupying a dwelling unit; or
Four or more persons occupying a dwelling unit and living together
as a traditional family or the functional equivalent of a traditional
family.
Evidence that four or more persons living in a single dwelling
unit who are not related by blood, marriage or legal custody shall
create a rebuttable presumption that such persons do not constitute
the functional equivalent of a traditional family.
The foregoing presumption may be rebutted by submitting evidence
to the Chief Building Inspector that all of the following are present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit;
The occupants share the entire dwelling unit and live and cook
together as a single housekeeping unit. A unit in which various occupants
act as separate roomers is not deemed to be occupied by the functional
equivalent of a traditional family;
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
The group is permanent and stable. Evidence for such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
Members of the household have the same address for purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
There is common ownership of furniture and appliances among
the members of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
An appeal from the Chief Building Inspector's determination
may be taken to the Zoning Board of Appeals, by written request, within
30 days of such determination. The Zoning Board of Appeals shall hold
a public hearing on such appeal within 30 days after receipt of written
notice of such appeal and, after such hearing, shall make written
findings and a decision either sustaining or reversing such determination
within 30 days after close of such public hearing.
The owner's spouse, children, parents, siblings, grandparents
or grandchildren.
Any individual, business, partnership, firm, corporation,
enterprise, trustee, company, industry, association, public entity
or other legal entity responsible for the maintenance or operation
of any rental property as defined within this chapter.
Any person, individual, association, entity or corporation
whose name is listed as grantee on the last deed of record for the
property, as recorded with the Suffolk County Clerk.
Includes any individual, business, partnership, firm, corporation,
enterprise, trustee, company, industry, association, public entity
or other legal entity.
Promulgation of an available rental property to the general
public or to selected segments of the general public, in a newspaper,
magazine, flyer, handbill, mailed circular, bulletin board, sign or
electronic media.
A permit which is to be issued to the owner of the rental
property where such dwelling unit has been the subject of a rental
permit continuously prior to the date of the application for the permit.
A return, in money, property or other valuable consideration
(including payout in kind or services or other thing of value), for
the use and occupancy or the right to the use and occupancy of a rental
property, whether or not a legal relationship of landlord and tenant
exists between the owner and the occupant or occupants thereof.
A permit issued by the Chief Building Inspector issued to
the owner to allow the use or occupancy of a rental property.
A dwelling unit which is occupied for habitation as a residence
by persons other than the owner or the owner's immediate family,
and for which rent is received by the owner, directly or indirectly,
in exchange for such residential occupation. For purposes of this
chapter, the term "rental property" shall mean all non-owner-occupied
single-family residences.
An individual who leases, uses or occupies a rental property.
A rental period of 29 days or less.
A.
Scope. This chapter shall apply to all rental properties located
within the incorporated Village, whether or not the use and occupancy
thereof shall be permitted under the applicable use regulations for
the zoning district in which such rental property is located.
B.
Applicability. The provisions of this chapter shall be deemed to
supplement applicable state and local laws, ordinances, codes and
regulations; and nothing in this chapter shall be deemed to abolish,
impair, supersede or replace existing remedies of the Village, Town,
county or state or existing requirements of any other applicable state
or local laws, ordinances, codes or regulations. In case of conflict
between any provision of this chapter and any applicable state or
local law, ordinance, code or regulation, the more restrictive or
stringent provision or requirement shall prevail. The issuance of
any permit or the filing of any form under this chapter does not make
legal any action or statement of facts that is otherwise illegal under
any other applicable legislation. For the purposes of the issuance
of appearance tickets pursuant to the New York State Criminal Procedure
Law and Code of the Village of Belle Terre, Appearance Tickets, a
violation of this chapter shall be deemed a violation of a Building
Code.
C.
The name of the tenant, date of birth of the owner(s), and the telephone
number of the owner(s) information provided in an application for
a rental permit under this chapter shall be deemed personal and private
in nature, and the release or disclosure of said information pursuant
to public request shall be deemed to constitute an unwarranted invasion
of personal privacy under New York State Public Officers Law, Article
6, §§ 84 through 90, and shall not be authorized.
A.
Effective March 1, 2014, no owner shall cause, permit or allow the
occupancy or use of a dwelling unit as a rental property without a
valid rental permit.
B.
Effective March 1, 2014, no person shall occupy or otherwise use
a dwelling unit as a rental property without a valid rental permit
being issued for the dwelling unit.
C.
A rental permit issued under this chapter shall only be issued to
the owner(s) of the real property at issue.
A.
All permits issued pursuant to this chapter shall be valid for a
period of two years from the date of issuance.
B.
A renewal rental permit application signed by the owner shall be
completed and filed with the Chief Building Inspector before the expiration
of any valid rental permit. The renewal rental permit application
shall contain the following:
(1)
An official copy of the prior valid rental permit;
(2)
A signed and sworn affidavit by the owner affirming that the rental
property, to the best of his/her knowledge, fully complies with all
of the provisions of the Code of the Village of Belle Terre and the
New York State Uniform Fire Prevention and Building Code, that the
structure has not been physically altered in any way, except in full
conformance with a valid building permit, and the owner is not aware
of the property being in violation of the Code of the Village of Belle
Terre or the New York State Uniform Fire Prevention and Building Code.
C.
In the event of a change in tenancy occurring during a permit term,
the owner shall notify the Chief Building Inspector, in writing, of
the identity of the new tenants.
A.
Where a dwelling unit is to be used as a rental property, an application
for a rental permit shall be filed with the Chief Building Inspector
before the term of the rental is to commence.
B.
The application shall contain the following:
(1)
The name, date of birth, telephone number and address of the owner(s).
(a)
Proof of the legal residence of each owner;
(b)
In the event that the owner of the rental property is a corporation,
partnership, limited liability company, or other business entity,
the name, proof of legal residence, and telephone number of each owner,
officer, principal shareholder, partner and/or member of such business
entity shall be provided;
(c)
A copy of the last deed of record for the rental property, as
recorded with the Suffolk County Clerk, confirming the ownership of
record of the rental property.
(2)
The name, address and telephone number of the managing agent, if
applicable.
(3)
A writing, promulgated by the Village Attorney, executed by the owner(s)
of the rental property, which designates either:
(a)
A person, firm or corporation with an actual place of business,
dwelling place, or usual place of abode located within the boundaries
of the Village of Belle Terre as agent for service for criminal and
civil process pursuant to Civil Practice Law and Rules § 318;
or
(b)
The Village Clerk of the Village of Belle Terre as agent for
service for criminal and civil process pursuant to Civil Practice
Law and Rules § 318. Every owner shall insure that the address
for delivery of such process is current and shall advise the Village
Clerk whenever the address is changed. The designated agent, upon
receipt of service of process under this designation shall forthwith
transmit by regular and certified mail to the owner(s) of the rental
property at the address included on the owner(s) application.
(4)
The location of the rental property, including the street address
and the Suffolk County Tax Map parcel number.
(5)
The number of tenants intended to occupy the rental property.
(6)
The names of all tenants.
(7)
A copy of a contract with a carter providing for weekly pickup, at
a minimum, of refuse and proof by letter from the carter indicating
that full payment for the entire term of the rental has been made,
or in the alternative, an affidavit from the owner acknowledging responsibility
for refuse removal in a timely and efficient manner.
(8)
The period of the proposed occupancy.
(9)
A floor plan depicting the location and size of each conventional
bedroom.
(10)
A copy of the certificate of occupancy or preexisting certificate
of occupancy for the rental property.
(11)
Written certification from a licensed architect or licensed
engineer that states that the rental property fully complies with
all of the provisions of the Code of the Village of Belle Terre and
the New York State Uniform Fire Prevention and Building Code. The
certification shall include, but not be limited to, the number of
each bedroom, the square footage of each bedroom, and a description
of every improvement indicated on the survey. In lieu of the provision
of a certification, an inspection may be conducted by the Chief Building
Inspector.
C.
The owner(s) of the premises and the managing agent, if applicable,
shall submit an application that is signed, sworn to and notarized.
The Chief Building Inspector shall review each application for completeness and accuracy and shall make an onsite inspection of the proposed rental property unless the owner has elected to provide a certification from a licensed architect or a licensed engineer pursuant to § 123-5B(11). The Chief Building Inspector shall not issue a rental permit, unless the application includes all of the requisite information and documents enumerated in § 123B(1) through (11). If satisfied that the proposed rental property fully complies with the New York State Uniform Fire Prevention and Building Code and the Code of the Village of Belle Terre and that such rental property would not create a nuisance to an adjoining nearby property, the Chief Building Inspector shall issue the permit or permits. No rental permit shall be issued if there are any violations of the New York State Uniform Fire Prevention and Building Code or the Code of the Village of Belle Terre in existence at the premises.
It shall be the duty of the Chief Building Inspector to maintain
a register of permits issued pursuant to this chapter. Such register
shall be kept by street address, showing the name and address of the
permittee, the number of rooms in the rental property, and the date
of expiration of the rental permit.
A.
A nonrefundable biennial permit application fee, in the amount of
$200, shall be paid upon the filing of an application for a rental
permit or a renewal rental permit.
B.
The nonrefundable biennial rental permit application fee shall be
$100 if the owner of a rental property qualifies for any of the following
real property tax exemptions at his or her primary residence located
in the Village of Belle Terre:
C.
The nonrefundable biennial rental permit application fee shall be
$100 if the owner of a rental property submits a sworn affidavit affirming
that the rental property will be leased to any active member of a
volunteer fire department or ambulance corps and/or is qualified for
a volunteer firefighters and ambulance workers real property tax exemption.
D.
If an owner of a rental property is found by any court of competent
jurisdiction to have violated this chapter, the nonrefundable biennial
rental permit application fee for a new permit will be $500.
A.
A rental property shall only be leased, occupied or used by a family.
B.
No rental property shall be occupied by more than the number of persons
permitted to occupy the dwelling unit under Section 404 of the Property
Maintenance Code of the New York State Uniform Fire Prevention and
Building Code.
C.
A transient rental is prohibited.
D.
No more than two bedrooms shall be permitted in the basement of a
rental property.
E.
The selling of shares to tenants where they obtain rights for use
and/or occupancy in a dwelling for less than a month shall be prohibited.
F.
The leasing, occupancy or use by a tenant of less than the entire
rental property is prohibited.
G.
The owner(s) and tenant(s) shall ensure that all applicable parking
regulations provided for in the Code of the Village of Belle Terre
are satisfied.
H.
A rental property shall only be occupied or otherwise utilized in
accordance with the certificate of occupancy issued for the dwelling
unit.
I.
The owner(s) and tenant(s) shall ensure that all property maintenance regulations provided for in Chapter 116 of the Code of the Village of Belle Terre are satisfied.
J.
Dumpsters shall be prohibited in the required front yard and right-of-way.
The Chief Building Inspector is authorized to promulgate additional
site-specific conditions associated with dumpsters, screening facilities,
and off-street parking requirements for rental properties regulated
under this chapter. Any such conditions shall be in writing and attached
to the rental permit.
The Chief Building Inspector and Village personnel who are engaged
in the enforcement of the provisions of this chapter are authorized
to make or cause to be made inspections to determine the condition
of rental properties to safeguard the health, safety, and welfare
of the public. The Chief Building Inspector and Village personnel
who are engaged in the enforcement of the provisions of this chapter
are authorized to enter upon any rental property, with the consent
of the owner or managing agent if the rental property is unoccupied
or upon consent of the occupant if the rental property is occupied.
The Chief Building Inspector and Village personnel who are engaged
in the enforcement of the provisions of this chapter are authorized
to make application for the issuance of a search warrant in order
to conduct an inspection of any rental property where the owner or
tenant refuses or fails to allow an inspection of its premises and
where there is reasonable cause to believe that a violation of this
chapter has occurred. The application for a search warrant shall in
all respects comply with the applicable laws of the State of New York.
A.
The Chief Building Inspector shall revoke a rental permit when he
or she finds that the permit holder has caused, permitted or allowed
to exist and remain upon the rental property a violation of any provision
of the Code of the Village of Belle Terre for a period of 14 days
or more after written notice has been given to the permit holder,
managing agent, or tenant of such rental property.
B.
An appeal from such revocation may be taken by the permit holder
to the Zoning Board of Appeals, by written request, made within 30
days from the date of such revocation. The Zoning Board of Appeals
shall hold a public hearing on such appeal within 30 days after receipt
of written notice of such appeal and, after such hearing, shall make
written findings and a decision either sustaining such permit revocation
or reinstating such permit within 30 days after close of such public
hearing.
The following shall be conditions precedent to the collection
of rent for the use and occupancy of a rental property:
A.
The presence of existence of any of the following shall create a
presumption that a dwelling unit is being used as a rental property:
(1)
The property is occupied by someone other than the owner or his/her
immediate family;
(2)
Voter registration, motor vehicle registration, a driver's license,
or any other document filed with a public or private entity which
states that the owner of the rental property resides at an address
other than the rental property;
(3)
Utilities, cable, phone or other services are in place or requested
to be installed or used at the premises in the name of someone other
than the record owner;
(4)
Persons residing in the dwelling unit represent that they pay rent
to occupy the premises;
(5)
A dwelling unit which has been published as being available for rent;
B.
The foregoing may be rebutted by evidence presented to the Chief
Building Inspector or any court of competent jurisdiction.
A.
It shall be presumed that a single- or one-family dwelling unit is
occupied by more than one family if any two or more of the following
features are found to exist on the premises:
(1)
More than one mailbox, mail slot or post office address;
(2)
More than one gas meter;
(3)
More than one electric meter annexed to the exterior of the premises;
(4)
More than one doorbell or doorway on the same side of the dwelling
unit;
(5)
More than one connecting line for cable television service;
(6)
More than one antenna, satellite dish, or related receiving equipment;
(7)
There are three or more motor vehicles registered to the dwelling
and each vehicle owner has a different surname;
(8)
There are more than three waste receptacles, cans, containers, bags
or boxes containing waste from the premises placed for pickup at least
twice during a weekly garbage pickup area;
(9)
There are separate entrances for segregated parts of the dwelling;
(10)
There are partitions or internal doors which may serve to bar
access between segregated portions of the dwelling, including but
not limited to bedrooms;
(11)
There exists a separate written or oral lease or rental arrangement,
payment or agreement for portions of the dwelling among the owner
and/or occupants and/or persons in possession thereof;
(12)
Any occupant or person in possession thereof does not have unimpeded
and/or lawful access to all parts of the dwelling unit;
(13)
Two or more kitchens, each containing one or more of the following:
a range, oven, hotplate, microwave or other similar device customarily
used for cooking or preparation of food and/or a refrigerator;
(14)
There are bedrooms that are separately locked.
B.
If any two or more of the features set forth in Subsection A(1) through (13) are found to exist on the premises by the Chief Building Inspector or Village personnel engaged in the enforcement of the provisions of this chapter, a verified statement will be requested from the owner of the dwelling unit by the Chief Building Inspector that the dwelling unit is in compliance with all of the provisions of the Code of the Village of Belle Terre, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. If the owner fails to submit such verified statement, in writing, to the Chief Building Inspector within 10 days of such request, such shall be deemed a violation of this chapter.
A.
It shall be presumed that an owner of a rental property does not
reside within said rental property if any of the following sets forth
an address other than that of the rental property:
B.
The foregoing may be rebutted by evidence presented to the Chief
Building Inspector or any court of competent jurisdiction.
A.
A violation of this chapter by the owner(s) and/or tenant(s) is hereby
declared to be an offense punishable by a fine not less than $1,500
nor more than $8,000 or imprisonment for a period not to exceed six
months, or both, for a conviction of a first offense; for conviction
of a second or subsequent offense within 18 months, a fine not less
than $3,000 nor more than $15,000 or imprisonment not to exceed a
period of six months, or both. However, for the purpose of conferring
jurisdiction upon courts and judicial officers in general, violations
of this chapter shall be deemed misdemeanors, and, for such purpose
only, all provisions of law relating to misdemeanors shall apply.
Each day's continued violation shall constitute a separate additional
violation.
B.
Additionally, in lieu of imposing the fine authorized in § 123-19A, in accordance with Penal Law § 80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy.
C.
The court may dismiss the violation or reduce the minimum fine imposed
where it finds that the defendant has cooperated with the Village
of Belle Terre in the investigation and prosecution of a violation
of this chapter. Factors which the court may consider include, but
are not limited to, a report from the office of the Village Attorney
confirming that the defendant did in fact cooperate and whether:
(1)
The defendant reported the violation(s) to the Village of Belle Terre;
(2)
The defendant assisted the Village of Belle Terre in investigating
and prosecuting the violation(s);
(3)
The defendant provided access to the rental property;
(4)
The defendant promptly pursued his/her/its own rights under the lease
to remedy the violation or adequately pursued an eviction proceeding;
(5)
All violations existing at the rental property have been promptly
remediated.
D.
Where authorized by a duly adopted resolution of the Village Board,
the Village Attorney may bring and maintain a civil proceeding, in
the name of the Village, in the Supreme Court, to permanently enjoin
the person or persons conducting, maintaining or permitting said violation.
The owner and tenants of the residence wherein the violation is conducted,
maintained or permitted may be made defendants in the action.
(1)
If a finding is made by a court of competent jurisdiction that the
defendants or any of them has caused, permitted, or allowed a violation
of this chapter, a penalty to be jointly and severally included in
the judgment may be awarded at the discretion of the court in an amount
not to exceed $1,000 for each day it is found that the defendants
or any one of them individually caused, permitted or allowed the violation.
Upon recovery, such penalty shall be paid into the Village Attorney's
Enforcement Fund.
