Ocean Beach, N.Y., Code of Ordinances ch. 127 (eCode360 ed. 2026) § 127-5
Enforcement; penalties for offenses
Operative Text
A. Any person who violates the provisions of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not less than $250 nor exceeding $3,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. Each day of such violation shall constitute a separate offense. B. In addition to all other remedies available to the Village, the Village Attorney, at the request of the Mayor or Village Administrator, is authorized to bring and maintain a civil proceeding in the name of the Village in Supreme Court to restrain and enjoin the rental or subrental of a single-family residence dwelling in violation of this chapter. C. Public nuisance. (1) Upon issuance of a summons for a violation of any provisions of the Code of the Village of Ocean Beach against an owner, operator, tenant, subtenant and/or occupant of a rental property, the Police Department shall forward a copy of said summons to the owner(s) of the property for informational purposes only. Failure to forward a copy of the summons shall not invalidate the summons, nor shall it serve as an affirmative defense in a rental permit revocation hearing. (2) Two or more convictions for violation of any provision of the Code of the Village of Ocean Beach against an owner, operator, tenant, subtenant and/or occupant of the same rental property within one calendar year during the tenure of ownership by the same record owner or owners thereof shall constitute a public nuisance. A "conviction" is as defined in § 1.20, Subdivision 13, of the Criminal Procedure Law, and two or more such convictions shall be presumptive evidence that the leased residence is a public nuisance. (3) The owner and/or sublessor of a premises that constitutes a public nuisance shall be presumed to be conducting, maintaining and permitting a public nuisance under this chapter, provided that notice of such conviction has been sent to or provided such owner or sublessor. (4) A rental permit issued pursuant to the provisions of this chapter shall be revoked by the Village after a duly noticed hearing and upon the findings and determination by the Village Board of Trustees that a rental property is a public nuisance, as defined in this chapter. In addition, no rental permit shall be issued or granted for a dwelling the calendar year following such a revocation. The revocation of a rental permit by the Village Board of Trustees shall be subject to review only by an appropriate Article 78 proceeding initiated in New York State Supreme Court, County of Suffolk. (5) In the event that a permit application is denied by the Village, an applicant may appeal such denial by filing a demand for a hearing before the Village Board of Trustees. Such demand for a hearing must be made in writing and received by the Village within 15 calendar days of the denial of the permit. Such demand for a hearing must include a statement of the basis for the appeal and copies of any documentation the applicant wishes the Board of Trustees to consider. Upon receipt of a demand for a hearing, the Village shall schedule the hearing as soon as practicable. After a duly noticed hearing, the Board of Trustees shall issue findings and a determination with respect to the appeal. Such determination shall be to grant the permit, grant the permit with reasonable conditions or to uphold the denial of the permit. The action of the Board of Trustees with respect to such appeal shall be subject to review only by an appropriate Article 78 proceeding initiated in New York State Supreme Court, County of Suffolk. (6) Upon conviction for violation of any provision of the Code of the Village of Ocean Beach against an owner, operator, tenant, subtenant and/or occupant of a rental property, the Court Clerk shall forward a copy of said conviction to the owner(s) of the property, along with a copy of this chapter of the Code.
Ocean Beach, N.Y., Code of Ordinances ch. 127 § 127-5 establishes that violations of the village's rental regulations can result in criminal penalties—fines between $250 and $3,000, up to 15 days of imprisonment, or both—with each day of violation counted as a separate offense. The village may also seek a court injunction to stop unlawful rentals. Two or more convictions within a calendar year at the same property can be declared a public nuisance, potentially leading to revocation of the rental permit and a one-year bar on obtaining a new one.
Plain English — not legal advice.
Under § 127-5, operators of rental properties in Ocean Beach should maintain continuous compliance with all village code requirements, since each day of noncompliance can be treated as a separate offense carrying fines up to $3,000. Owners should be aware that convictions obtained against any occupant—tenant, subtenant, or operator—at their property count toward the two-conviction threshold that triggers a public nuisance finding. A rental permit revocation following a public nuisance determination can be challenged only through an Article 78 proceeding in Suffolk County Supreme Court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 127-5 makes clear that tenants, subtenants, and occupants of rental properties in Ocean Beach can themselves be subject to fines and criminal penalties for code violations, not just property owners. Convictions against any occupant of a property contribute to the record that can lead to a public nuisance finding and permit revocation. Tenants facing a summons may wish to consult a tenant-rights organization or attorney familiar with New York village code enforcement to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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