Oyster Bay City Zoning Code
§ 246-16
ILLEGAL OCCUPANCIES
16.1 Legislative findings.
The Town Board has found there are instances in the Town of owners of properties exploiting their buildings by maintaining or creating illegal occupancies of their premises. These illegal occupancies expose the residents therein to substandard rooms or apartments. Such practices are in derogation of the health, safety and welfare of members of the public who are entitled to such suitable and safe housing as is assured by the Code of the Town. Such illegal occupancies have a detrimental effect on Town services to the community. Accordingly, enforcement of applicable Code provisions is a legitimate governmental obligation which requires appropriate consideration.
16.2 Provisions relating to illegal occupancy prosecutions.
16.2.1
In all civil and criminal prosecutions brought for the enforcement of Code provisions in respect to nonpermitted occupancies, it shall be a rebuttable presumption that a building or dwelling unit zoned for single-family occupancy is occupied by more than one family if any two or more of the following features are found to exist on the premises of that building or dwelling unit:
16.2.1.1
More than one gas meter, electric meter or water meter.
16.2.1.2
More than one connecting line for cable or satellite television.
16.2.1.3
More than one doorbell or doorway on the same side of the building or dwelling unit.
16.2.1.4
More than one mailbox, mail slot, or post office address, or any combination thereof.
16.2.1.5
That there exists permanent partitions or "key locked" internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms, or the inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all parts of the dwelling unit.
16.2.1.6
That there exists two or more kitchens each containing one or more of the following: a range, oven, hot plate, microwave, or other similar device customarily used for cooking or preparation of foods, unless the existence of the additional kitchens has been approved by the Town in writing.
16.2.1.7
A dwelling which has been advertised in any newspaper, magazine or local advertising publication as being available for sale or rent, which advertisement expressly or implicitly provides that such dwelling contains rooms for rent, more than one separate dwelling living unit, or may be occupied by more than one separate family, is being used as a dwelling containing the number of rooms for rent, dwelling units or families stated or implied in such advertisement.
16.2.1.8
Separate written or oral rental agreements or leases or the payment of rent for portions of the building or dwelling unit among the owners or residents, or any combination thereof.
16.2.2
The presumption raised by proof of the existence of any such conditions as set forth in Subsection 16.2.1 herein may be rebutted by conclusive evidence that such conditions do not, in fact, exist or that such conditions, in fact, comply with Code. The failure of a person charged under this section to rebut the presumption shall not mean that the trier of fact must find the person guilty.
16.2.3
A person charged with a violation of Code as described herein may demand an inspection of the subject premises by the Department of Planning and Development to rebut such presumption. Such demand shall be in writing and addressed to the Department of Planning and Development. The Inspector shall prepare a report of his findings, together with photographs, if appropriate.
16.3 Penalties for offenses.
Notwithstanding any provision of this Code inconsistent herewith, the owner and/or any person in control of the subject property at the time of the violation shall be subject to a fine not exceeding $1,000 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation.