As used in this chapter, the following terms shall have the
meanings indicated:
FAMILY
One of the following:
A.
One, two or three persons occupying a dwelling unit; or
B.
Four or more persons occupying a dwelling unit and living together
as a family or the functional equivalent of a family.
[Amended 4-16-2024 by L.L. No. 2-2024]
(1)
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 family.
(2)
The foregoing presumption may be rebutted by submitting evidence
to the Chief Building Inspector that all of the following are present:
(a)
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit;
(b)
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 family;
(c)
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
(d)
The group is permanent and stable. Evidence for such permanency
and stability may include:
[1]
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
[2]
Members of the household have the same address for purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes;
[3]
Members of the household are employed in the area;
[4]
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
[5]
There is common ownership of furniture and appliances among
the members of the household; and
[6]
The group is not transient or temporary in nature.
(e)
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
(3)
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.
IMMEDIATE FAMILY
The owner's spouse, children, parents, siblings, grandparents,
grandchildren or those under legal guardianship.
[Amended 4-16-2024 by L.L. No. 2-2024]
MANAGING AGENT
Any person, individual, business, partnership, firm, corporation,
enterprise, trust, trustee, company, industry, association, public
entity, attorney, real estate broker, real estate agent or other legal
entity responsible for: the maintenance of, collection of rent, establishment
of utility accounts, or operation of any rental property as defined
within this chapter.
[Amended 4-16-2024 by L.L. No. 2-2024]
OWNER
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. In addition,
any sole and/or joint owners who do not appear on the deed of record
as recorded with the Suffolk County Clerk who hold legal title to
any premises, with or without actual possession thereof by means of
possession of shares, as executor, as administrator, as trustee, as
guardian of estates, or as a mortgagee in possession, with title,
or demonstrating control over a dwelling unit. This shall include
but not be limited to banks and lending institutions, regardless of
how possession or title has been obtained.
[Amended 4-16-2024 by L.L. No. 2-2024]
PERSON
Includes any individual, managing agent, business, partnership,
firm, corporation, enterprise, trustee, company, industry, association,
public entity or other legal entity.
[Amended 4-16-2024 by L.L. No. 2-2024]
PUBLISH
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.
RENEWAL RENTAL PERMIT
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.
RENT
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.
RENTAL PERMIT
A permit issued by the Chief Building Inspector issued to
the owner to allow the use or occupancy of a rental property.
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.
TENANT
An individual who rents, leases, subleases, uses or occupies
a rental property.
[Amended 4-16-2024 by L.L. No. 2-2024]
TRANSIENT
A rental period of 29 days or less.
USE OF RENTAL PROPERTY
Includes habitation and/or occupation of a rental property.
[Added 4-16-2024 by L.L. No. 2-2024]
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.
[Amended 4-16-2024 by L.L. No. 2-2024]
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 permit number, the number of rooms in the rental property,
and the date of expiration of the rental permit.
[Amended 4-16-2024 by L.L. No. 2-2024]
A. A nonrefundable biennial permit application fee shall be set by resolution
of the Village of Belle Terre Board of Trustees. A copy of the fee
schedule is on file with the Village Clerk's office. Such fee 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
reduced 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:
(3) Senior citizens exemption.
These reduced fees shall be set by resolution of the Village
of Belle Terre Board of Trustees. A copy of the fee schedule is on
file with the Village Clerk's office.
C. The nonrefundable biennial rental permit application fee shall be
reduced 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. This reduced fee shall be set by resolution of the Village
of Belle Terre Board of Trustees. A copy of the fee schedule is on
file with the Village Clerk's office.
D. If an owner of a rental property is found by any court of competent
jurisdiction to have violated this chapter, or has pled guilty to
a lesser included offense in satisfaction of the originally charged
offense, the nonrefundable biennial rental permit application fee
for a new permit will be imposed as an "in-violation fee," set by
resolution of the Village of Belle Terre Board of Trustees. A copy
of the fee schedule is on file with the Village Clerk's office.
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.
[Amended 4-16-2024 by L.L. No. 2-2024]
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, tenant,
person, managing agent, or designee responsible for the maintenance,
collection of rent, and/or operation of a rental property 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.
The following shall be conditions precedent to the collection
of rent for the use and occupancy of a rental property:
A. The existence of a valid rental permit for the rental property.
B. The tendering of a written receipt in exchange for any rent payment
offered in cash.
The presumptions set forth in §§
123-14,
123-15,
123-16, and
123-17, subject to the limitations contained therein, shall also be applicable to the enforcement and the prosecution of building and zoning Town Code violations.