[Added 8-28-2007 by L.L. No. 8-2007]
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.
16.2.1
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.
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.
