[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. Definitions. As used in this section, the following terms shall have
the meanings indicated:
ARCHITECT or ENGINEER
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.
COMMERCIAL BUSINESS
The act or acts of engaging in any aspect of the business
or professional activity of a realtor, contractor, builder, tradeperson,
architect or engineer.
COMMERCIAL BUSINESSPERSON
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.
CONTRACTOR, BUILDER, or TRADEPERSON
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.
REALTOR
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.
D. Penalties for offenses.
(1)
A violation defined in Subsection
C herein shall be punishable by a fine of not less than $4,500.
(2)
Each subsequent violation of Subsection
C herein within 24 months of the last violation of Subsection
C herein by a commercial businessperson shall be punished by a fine of not less than $7,000.