Manorhaven City Zoning Code
ARTICLE XII
Illegal Occupancies
§ 155-100 Legislative intent; purpose.
The Village Board of Trustees hereby finds that there exist in the Village of Manorhaven serious conditions arising from the rental of dwelling units that are substandard, inadequate in size, overcrowded and/or dangerous and/or are in violation of local and state law, and that the rental of such dwelling units poses a significant threat to life, limb and property of residents of the Village and others, tends to promote and encourage deterioration of housing within the Village, contributes to excessive vehicular traffic and parking problems and overburdens and has a detrimental effect upon municipal services. The Board finds that current Code provisions are inadequate to adequately deter and/or eliminate the existence of such dwelling units and that adequate legislation regulating these occupancies is required to promote and preserve the public health, safety, welfare and good order and governance of the Village. The enactment of the regulations set forth in this article, which regulations are remedial in nature and effect, shall have the effect of enhancing the public health, safety, welfare and good order of the Village.
§ 155-101 Scope.
This article shall apply to all premises and dwelling units within such premises located within the Village of Manorhaven, whether or not the use and occupancy thereof shall be permitted under the applicable use regulations for the zoning district in which such premises or dwelling unit is located.
§ 155-102 Applicability.
The provisions of this article shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations. 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 law or ordinance of the Village or of the county or state. In situations where there is a conflict between any provisions of this article and any applicable state or local law, ordinance, code or regulation, the more restrictive provision or requirement shall prevail.
§ 155-103 Determination of illegal occupancy.
It shall be unlawful to occupy or permit to be occupied or to assist in the occupancy of a dwelling unit where the number of occupants exceeds the permitted number of occupants.
A.
Presumptions of illegal occupancies in single family dwellings.
(1)
In all civil and criminal prosecutions brought for the enforcement of Code provisions with respect to illegal occupancies, there shall be a rebuttable presumption that a single-family dwelling unit is occupied by more than one family if any one or more of the following features are found to exist on the premises by the Code Enforcement Official authorized to enforce or investigate violations of the Code of the Village of Manorhaven or any laws, codes, rules and regulations of the State of New York:
(a)
There are separate entrances for segregated parts of the dwelling unit;
(b)
There are partitions or internal door locks which may serve to bar access between segregated portions of the dwelling unit, including but not limited to bedrooms;
(c)
There are separate written or oral leases or rental arrangements, payments or agreements for portions of the dwelling unit among its owner(s) and/or occupants and/or persons in possession thereof;
(d)
Any occupant or person in possession thereof does not have unimpeded and/or lawful access to all parts of the dwelling unit;
(e)
Two or more kitchens, each containing one or more of the following: range, oven, hotplate, microwave or other similar device customarily used for cooking or the preparation of food and/or a refrigerator;
(f)
A portion of the dwelling unit has been advertised or listed with any newspaper, magazine, local advertising publication, internet site, or real estate broker or agent as being available for sale or rent, or has been verbally advertised as being available for rent.
(2)
In all civil and criminal prosecutions brought for the enforcement of Code provisions with respect to illegal occupancies, there shall be a rebuttable presumption that a single-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 by the Code Enforcement Official authorized to enforce or investigate violations of the Code of the Village of Manorhaven or any laws, codes, rules and regulations of the State of New York:
(a)
There is more than one mailbox, mail slot or post office address or any combination thereof;
(b)
There is more than one doorbell;
(c)
There is more than one gas, electric or water meter;
(d)
There is more than one connecting line for cable television service;
(e)
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;
(f)
There is more than one antenna, dish antenna or related receiving equipment;
(g)
There is any entrance that has not been set forth on plans approved by the Building Department;
(h)
There are four or more motor vehicles registered to the dwelling owned by persons with different surnames;
(i)
There are more than two waste receptacles, cans, containers, bags, or boxes containing waste from the premises placed for pickup at least twice during a thirty-day period; or
(j)
There is no electric meter annexed to the exterior of the premises.
B.
Presumptions of illegal occupancies in dwellings other than single-family dwellings.
(1)
In all civil and criminal prosecutions brought for the enforcement of Code provisions with respect to illegal occupancies, there shall be a rebuttable presumption that a dwelling unit other than a single-family dwelling unit is occupied by more than the permitted number of families if any two or more of the following are found to exist on the premises by the Code Enforcement Official authorized to enforce or investigate violations of the Code of the Village of Manorhaven or any laws, codes, rules and regulations of the State of New York:
(a)
The number of mailboxes, mail slots or post office addresses exceeds the number of permitted families;
(b)
The number of doorbells or doorways exceeds the number of permitted families;
(c)
The number of gas, electric or water meters exceeds the number of permitted families;
(d)
The number of connecting lines for cable television service exceeds the number of permitted families;
(e)
The number of antennas, dish antennas or related receiving equipment exceeds the number of permitted families;
(f)
The number of kitchens, each containing one or more of the following: a refrigerator, sink and/or range, oven, hotplate, microwave or other similar device customarily used for cooking or the preparation of food and/or a refrigerator, exceeds the number of permitted families; and
(g)
The number of motor vehicles registered to persons with different surnames exceeds three times the number of permitted families;
(h)
The number of entrances for segregated parts of the dwelling unit exceeds the number of permitted families;
(i)
Partitions or internal door locks which may serve to bar access between segregated portions of the dwelling unit, including but not limited to bedrooms, exceeds the number of permitted families, less one;
(j)
Separate written or oral leases or rental arrangements, payments or agreements for portions of the dwelling unit(s) among its owner(s) and occupants exceeds the number of permitted families;
(k)
The number of waste receptacles, cans, containers, bags, or boxes containing waste from the premises placed for pickup at least twice during a thirty-day period exceeds twice times the number of permitted families; or
(l)
There is no electric meter annexed to the exterior of the premises.
C.
Owner's right to inspection and report upon demand. A person charged with a violation of this article may demand an inspection by the Department of Buildings of the subject premises to rebut any of the presumptions hereunder. Such demand shall be in writing, addressed to the Building Inspector. The Building Inspector shall prepare a report of the finding of the inspection together with photographs, if appropriate.
D.
Presumptive evidence dwelling unit is rented. The presence or existence of any of the following shall create a presumption that a dwelling unit is rented:
(1)
The dwelling unit is occupied by someone other than the owner and the owner of the dwelling unit represents, in writing or otherwise, to any person, establishment, business, institution or government agency that he resides at an address other than the dwelling unit in question.
(2)
Persons residing in the dwelling unit represent that they pay rent to the owner of the premises.
(3)
Utilities, cable, telephone or other services are in place or are requested to be installed or used at the dwelling unit in the name of someone other than the owner.
E.
Presumptions rebuttable. Any and all of the presumptions raised by proof of the existence of any such conditions as set forth in this article may be rebutted, but only by evidence sufficient to meet the burden of proof by clear and convincing evidence that such conditions do not, in fact, exist or that such conditions or the dwelling unit or the occupancy thereof, in fact, comply with the Code.
F.
Nothing herein shall be construed to prevent persons living together with the owner as a family unit, as defined by the Code
§ 155-104 Penalties for offenses.
A.
A violation of this article is a violation as that term is defined in the New York State Penal Law.
B.
Notwithstanding any provision of this Code inconsistent herewith, for each violation of this article, the owner and any person who is in charge of the subject property at the time of the violation shall be liable for a fine of not less than $3,500 for the first violation; for a second and any subsequent violation, the fine shall be no less than $7,000.
C.
Each week that the violation continues to exist shall constitute a separate and distinct violation.
§ 155-105 Enforcement.
A.
The Building Inspector and/or the Code Enforcement Officer shall be responsible for investigating and documenting violations of any case of illegal occupancy within the Village.
B.
Prosecutions for violations of this article may be instituted in the Village Justice Court, the District Court of the County of Nassau or any other court of competent jurisdiction.
C.
The Village Attorney may, upon direction of the Board of Trustees, institute an action in the Supreme Court of the State of New York, County of Nassau, for appropriate relief where it appears under the circumstances that the imposition of a fine alone would not be adequate.