[Added 3-15-2004 by L.L. No. 2-2004]
[Amended 7-10-2006 by L.L. No. 5-2006]
The Board of Trustees has found that there are
instances in the Village of owners of residential properties exploiting
their buildings by maintaining or creating an illegal over-occupancy
which exposes the residents therein to living in 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 Code compliance. Such illegal over-occupancy
in residential properties also has a detrimental effect on Village
services to the community. Accordingly, enforcement of applicable
Code provisions is a legitimate governmental obligation which requires
appropriate consideration.
[Added 3-19-2007 by L.L. No. 3-2007;
amended 5-16-2011 by L.L. No. 5-2011]
Real estate brokers, contractors, architects and engineers.
A.
Findings. The Village Board finds that certain commercial businesses
have engaged in encouraging, aiding, abetting, fostering and profiting
from the maintenance or creation of illegal over-occupancy arrangements
within the Village. The Board further finds that appropriate regulation
by local law is necessary to define such limitations on commercial
activity as will prevent the proliferation of the illegal over-occupancies
in this community.
B.
ARCHITECT or ENGINEER
COMMERCIAL BUSINESS
COMMERCIAL BUSINESSPERSON
CONTRACTOR, BUILDER, or TRADEPERSON
REALTOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
One who designs or draws plans for any aspect of planning,
construction, building-out, improving or installation of any part
of building space which may be used for purposes of residence.
The act or acts of engaging in any aspect of the business
or professional activity of a realtor, contractor, builder, tradeperson,
architect or engineer.
An individual or a business entity engaged in any aspect
of the business or professional activities of a realtor, contractor,
builder, trades person, architect or engineer.
One who engages in any aspect of planning, construction,
building-out, improving, or installation of any part of building space
which may be used for purposes of residence.
Any licensed or unlicensed person, whether or not a member
of any real estate association, or entity engaged in assisting the
buying, selling, leasing or rental of any part of real property for
a residence while acting on behalf of a buyer, seller, lessor or lessee,
renter or rentee of such real property.
C.
It is unlawful for any commercial businessperson to engage in any
commercial business related to a residential property or in relation
to the institution of a residence in a commercial property which tends
to aid, promote, maintain, create or foster an illegal occupancy or
over-occupancy within the Village of Lynbrook. Any such commercial
business shall constitute a violation.
A.
In all civil and criminal prosecutions brought for
the enforcement of Code provisions in respect to nonpermitted occupancy
of single- and two-family dwellings, or of an approved multiple dwelling,
the following rebuttable presumptions shall apply:
[Amended 7-10-2006 by L.L. No. 5-2006; 1-13-2014 by L.L. No.
3-2014]
(1)
That any dwelling which maintains more than
one gas meter or more than one electric meter or more than one water
meter is being used as the residence of two or more families.
(2)
That any dwelling which maintains more than
two gas meters or more than two electric meters or more than two water
meters is being used as the residence of three or more families.
(3)
That a single-family dwelling which maintains
any entrance (s) thereto, which entrance(s) has not been set forth
on any plans approved by and on file with the Department of Buildings,
is being used as the residence of two or more families.
(4)
That a two-family dwelling which maintains any
third or additional entrance thereto, which entrance(s) has not been
set forth on any plans approved by and on file with the Department
of Buildings, is being used as the residence of three or more families.
(5)
That a dwelling which has been advertised in
any newspapers, 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.
(6)
That there exists two or more doorbells, indicating
two or more families residing in the dwelling.
(7)
That there are two or more motor vehicles parked
on the dwelling lot registered to persons with two or more different
surnames, indicating two or more families residing in the dwelling.
(8)
The presumption of nonpermitted occupancy of
a single dwelling unit shall also be established where probative evidence
establishes:
(a)
That there exists permanent partitions or 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.
(b)
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.
(9)
That any dwelling with two or more mailboxes
or mail slots, or any combination thereof, is being used as the residence
of two or more families.
B.
The presumption raised by proof of the existence of any such conditions as set forth in Subsection A herein may only be rebutted by conclusive evidence that such conditions do not, in fact, exist or that such conditions, in fact, comply with Code.
C.
A person charged with a violation of Code as described
herein may demand an inspection by the Department of Buildings of
the subject premises to rebut such presumption. Such demand shall
be in writing addressed to the Department of Buildings and shall be
accompanied by a nonrefundable fee of $125 to defray the cost of such
inspection. The Building Department Inspector shall prepare a report
of the findings of the inspection together with photographs, if appropriate.
A.
Any owner or person in charge of a dwelling who maintains
or creates a nonpermitted over-occupancy in a one- or two-family dwelling,
or in an approved multiple dwelling, is guilty of a violation, which
shall be deemed a misdemeanor for purposes of jurisdiction, as that
term is defined in the New York State Penal Law.
[Amended 7-10-2006 by L.L. No. 5-2006; 5-16-2011 by L.L. No.
5-2011; 1-13-2014 by L.L. No. 3-2014]
B.
Notwithstanding any provision of this Code inconsistent
herewith, for each Code violation involving a nonpermitted occupancy
of a one- or two-family dwelling, or of an approved multiple dwelling,
the owner and any person who is in charge of the subject property
at the time of the violation shall be liable to a fine of not less
than $4,500 for the first violation; for the second and any subsequent
violation, the fine shall be $7,000.
[Amended 12-6-2004 by L.L. No. 5-2004; 7-10-2006 by L.L. No.
5-2006; 8-11-2008 by L.L. No. 1-2008; 5-16-2011 by L.L. No.
5-2011; 1-13-2014 by L.L. No. 3-2014]
C.
Each week that the violation continues to exist shall
constitute a separate and distinct violation.
A.
Enforcement:
[Amended 1-13-2014 by L.L. No. 3-2014]
(1)
The
Superintendent of the Department of Buildings shall be responsible
for investigating and documenting violations of any case of illegal
over-occupancy within the Village.
(2)
Where there is reasonable suspicion to believe that an illegal over-occupancy exists at a specific residential premises, and where an authorized representative of the Department of Buildings, in the investigation of such suspected illegal occupancy, has been denied entry upon the subject premises by either the owner or occupant thereof, the Superintendent may cause an application to be made to the Village Justice Court for an administrative search warrant pursuant to Chapter 59 of the Village Code for the inspection, photographing or copying of the conditions found upon the subject premises, and/or for the copying of documents related thereto.
(3)
The foregoing provision and the provisions of Chapter 59, Administrative Search Warrants, shall be deemed by their terms, to have served notice upon all owners and occupants of real property in the Village to the effect that, should the landlord or occupant of said premises fail or refuse to permit an inspection of said premises by an authorized employee of the Village, an administrative search warrant may be requested of the Village Justice Court for the purpose of the performance of such administrative inspection.
B.
Prosecutions for violations hereunder may be instituted
in the Village Justice Court or in the District Court of the County
of Nassau.
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.
