[Added 5-22-2007]
The Town Board of the Town of Islip has determined
that serious conditions exist in the Town of Islip arising from the
rental of dwelling units that are substandard or in violation of the
New York State Building Code, New York State Fire Code, New York State
Fuel-Gas Code, New York State Residential Code, New York State Property
Maintenance Code, New York State Plumbing Code, New York State Electrical
Code, Multiple Residence Law, Building Rehabilitation Code, and other
codes and ordinances of the Town, are inadequate in size and overcrowded,
that such dwelling units pose hazards to the safety, well-being and
property of residents of the Town and others, create blight and tend
to promote and encourage deterioration of the housing stock of the
Town, exacerbate vehicle traffic and parking problems and overburden
municipal services. The Board finds that current Code provisions are
inadequate to halt the proliferation of such conditions and that the
public health, safety, welfare and good order and governance of the
Town will be enhanced by the enactment of the regulations set forth
in this article, which regulations are remedial in nature and effect.
A.
Scope. This article shall apply to all rental dwelling
units located within the Town of Islip, whether or not the use and
occupancy thereof shall be permitted under the applicable use regulations
for the zoning district in which such rental dwelling unit is located,
as provided in this article. Any dwelling unit or any other premises
subject to this article shall be presumed to be rented for a fee and
a charge made if said premises are not occupied by the legal owner
thereof.
B.
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 Town,
county or state or existing requirements of any other provision of
local laws or ordinances of the Town or county or state laws and regulations.
In case of conflict between any provisions of this article and any
applicable state or local law, ordinance, code or regulation, the
more restrictive or stringent provision or requirement shall prevail.
The issuance of any permit or the filing of any form under this article
does not make legal any action or state of facts that is otherwise
illegal under any other applicable legislation.
As used in this article, the following terms
shall have the meanings indicated.
Furniture, furnishings, housewares, appliances and other
personal property customarily found in and used in residential dwellings,
which are deposited at or along said dwelling's street frontage, in
part or in whole, pursuant to a duly executed warrant of eviction
by legally authorized law enforcement officers and/or personnel.
An entirely self-contained dwelling unit containing complete
housekeeping facilities, including cooking facilities, for only one
family. An apartment shall have no enclosed space in common with any
other dwelling or apartment other than vestibules, entrances, hallways
or porches.
A building or buildings arranged, intended or designed to
be occupied by two or more individuals or families living independently
of each other in apartments.
Any person, organization, partnership, association, corporation
or other legally recognized entity having actual or apparent authority
to act on behalf of an owner regarding this article and all state
and local rules, regulations and ordinances referenced herein. It
shall be a rebuttable presumption that any person, organization, partnership,
association, corporation or other legally recognized entity that accepts
or receives rent or any other consideration from the occupant of a
dwelling unit is an authorized agent.
A structure having a roof supported by columns or walls.
When separated by a party wall without openings, it shall be deemed
a separate building.
The official who is charged with the administration and enforcement
of this article, or any duly authorized representative of such person,
including but not limited to the Building Inspector, Chief Building
Inspector, Principal Building Inspectors, Senior Building Inspector,
Building Permits Coordinator, Zoning Inspector, Plumbing Inspector,
Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal,
Town Investigator. Senior Town Investigator or Ordinance Inspector
of the Town of Islip, and such person(s) shall be certified as a New
York State Code Enforcement Official.
A building designed exclusively for residential purposes
and arranged or intended to be occupied by one individual or one family
only. A dwelling shall not have a separate entrance leading to a separated
living space which contains a stove, kitchen and/or attached plumbing
fixtures.
A building or portion thereof arranged, designed for or occupied
by three or more families living independently of each other with
separate cooking facilities. A boardinghouse, furnished-room house,
dormitory, rooming house, tourist house or fraternity house is a building
in which there are fewer than 30 sleeping rooms occupied primarily
by transients who are lodged with or without meals and in which there
are provided such services as are incidental to its use as a temporary
residence, and is a multiple dwelling; a dwelling occupied by one
or two families with five or more transient boarders, roomer or lodgers
in one or both households.
A building arranged, designed for or occupied exclusively
as a home or residence for not more than two families living independently
of each other.
A structure or building, one-, two- or three-family dwelling,
apartments, multiunit apartments, apartment houses, condominiums,
cooperatives, garden apartments or townhouses, occupied or to be occupied
by one or more persons as a home or residence.
One or more persons, whether or not related to each other
by blood, marriage or adoption, all occupying a single, whole, legal
single- or one-family dwelling unit as a traditional family or the
functional equivalent of a traditional family, having access to and
utilizing the whole of such dwelling unit, including but not limited
to all rooms and housekeeping facilities, in common.
In determining whether individuals are living
together as the functional equivalent of a traditional family, the
following criteria must be present:
The group is one which in structure and function
resembles a traditional family unit; and
The occupants must share the entire single-
or one-family dwelling unit and live and cook together as a single
housekeeping unit. A unit in which the various occupants act as separate
roomers may not be deemed to be occupied by the functional equivalent
of a traditional family; and
The occupants share expenses for food, rent,
ownership costs, utilities and other household expenses; and
The occupancy is permanent and stable. Evidence
of such permanence and stability includes, but is not limited to:
The presence of minor children regularly residing
in the household who are enrolled in local schools;
Members of the household have the same address
for purposes of voter registration, drivers' licenses, motor vehicle
registration, filing of taxes and delivery of mail;
Members of the household are employed in the
area;
The household has been living together as a
unit for a year or more whether in the current dwelling unit or in
other dwelling units.
Common ownership of furniture and appliances
among the members of the household; and
Any other factor reasonably related to whether
or not the occupants are the functional equivalent of a family.
An area within a building which contains a sink, a refrigerator
and an element utilized for heating or cooking of consumable goods.
Any individual, business, partnership, firm, corporation,
enterprise, trust, company, industry, association, public utility
or other legal entity responsible for the maintenance or operation
of any rental property as defined within this article.
A permit which is to be issued to the owner of an intended
rental premises where such premises have not been the subject of a
rental occupancy permit continuously prior to the date of application
for the permit.
A natural person who leases, uses or occupies a dwelling
unit.
Any person or entity in whose name the real property upon
which the dwelling unit is situated is recorded in the office of the
Suffolk County Clerk. The person or entity in whose name the real
property is recorded in the Office of the Suffolk County Clerk shall
be presumed to be the owner thereof.
A permit which is to be issued to the owner of a rental dwelling
unit where such premises have been the subject of a rental occupancy
permit continuously prior to the date of application for the permit.
A return in money, property or other valuable consideration
(including payment in kind or for services or other thing of value)
for the use and occupancy or the right to the use and occupancy of
a dwelling unit, whether or not a legal relationship of landlord and
tenant exists between the owner and the occupant or occupants thereof.
A dwelling unit established, occupied, used or maintained
for rental occupancy.
The occupancy or use of a dwelling unit by one or more persons
as a home or residence under an arrangement whereby the occupant or
occupants thereof pay rent for such occupancy and use.
A permit which is issued upon application to the Code Enforcement
Official and shall be valid for two years from the date of issuance.
[Added 12-15-2015]
A rental dwelling occupied as a home or residence by persons
other than the owner or a family member of the owner and for which
rent is received by the owner, directly or indirectly, in exchange
for such rental occupation for a period of less than 14 nights. For
the purposes of this chapter, the term "transient rental property"
shall mean all non-owner-occupied dwelling units rented for a period
of less than 14 nights and shall not include:
A dwelling unit lawfully and validly permitted as an accessory apartment in accordance with § 68-602 of the Code of the Town of Islip; or
Properties used exclusively for nonresidential commercial purposes
in any zoning district; or
Any legally operating hotel/motel business or bed-and-breakfast
establishment operating exclusively and catering to transient clientele;
that is, customers who customarily reside at these establishments
for short durations for the purpose of vacationing, travel, business,
recreational activities, conventions, emergencies and other activities
that are customary to a commercial hotel/motel business.
A dwelling unit located on Fire Island.
Presumption of dwelling unit as transient rental property.
A.
It shall be unlawful and a violation of this article
for any person or entity who or which owns a dwelling unit in the
Town to use, establish, maintain, operate, let, lease, rent or suffer
or permit or allow the occupancy and use thereof as a rental occupancy
by someone other than the owner without first having obtained a valid
rental occupancy permit therefor. Failure or refusal to procure a
rental occupancy permit hereunder shall be deemed a violation.
[Amended 5-21-2013]
B.
A rental occupancy permit issued under this article
shall only be issued to the owner(s) of the real property at issue.
C.
As a rental occupancy permit issued under this article
is not transferable, in the event that the ownership of a rental dwelling
is transferred, the new owner shall register the property within 30
days of the closing of title pursuant to the requirements set forth
in this article. If the rental dwelling is not registered as required
by this article, there will be a presumption that said property is
being utilized as rental property by the new owner(s) in violation
of this article.
E.
No rental
occupancy permit shall be granted to a transient rental property.
[Added 12-15-2015]
A.
An application for a rental occupancy permit for a
rental dwelling unit shall be made in writing to the Code Enforcement
Official on a form provided therefor. Such application shall be filed
and shall include the following:
(1)
The name, address and telephone number of the owner
of the dwelling unit intended for rental occupancy. In the event that
said dwelling unit is owned by more than one individual or entity,
each owner's name, address and telephone number shall be provided.
In the event that the owner of the dwelling unit intended for rental
occupancy is a corporation, partnership, limited-liability company
or other business entity, the name, address and telephone number of
each owner, officer, principal, shareholder, partner and/or member
of such business entity shall be provided. In the event that the owner
has an authorized agent acting on his behalf, that person's name,
address and telephone number shall also be provided.
(2)
Proof of residency of each owner.
(3)
The street address and Suffolk County Tax Map designation
(section, block and lot or lots) of the premises intended for rental
occupancy or the premises in which the rental dwelling units intended
for occupancy are located.
(4)
A description of the structure, including the number
of rental dwelling units in the structure.
(5)
A floor plan depicting the location, use and dimension
of each room situated within the dwelling unit.
(6)
The number of persons intended to be accommodated
by, and to reside in, each such rental dwelling unit.
(7)
The name of each person that is and/or will be occupying
the premises intended for rental occupancy. The name of each person
that is and/or will be occupying the premises intended for rental
occupancy shall not be required if:
(a)
The rental dwelling unit only operates during
a one-hundred-fifty-day period in the months of May, June, July, August
and September and the person that is or will be occupying said rental
dwelling unit shall not be occupying such rental dwelling unit for
more than 30 consecutive days; or
(b)
Said rental dwelling unit is a commercial hotel/motel
business operating exclusively and catering to transient clientele;
that is, customers who customarily reside at these establishments
for short durations for the purpose of vacationing, travel, business,
recreational activities, conventions, emergencies and other activities
that are customary to a commercial hotel/motel operation. For the
purposes of this article, a "short duration" shall be defined as not
more than 21 consecutive days.
(8)
A copy of the most recent deed and real property tax
bill, confirming the ownership of record of the dwelling unit.
(9)
A copy of the certificate of occupancy or certificate
of compliance for the dwelling unit.
(10)
A property survey of the premises drawn to scale
not greater than 40 feet to one inch or, if not shown on the survey,
a site plan, drawn to scale, showing all buildings, structures, walks,
driveways and other physical features of the premises and the number,
location and access of existing and proposed on-site vehicle parking
facilities.
(11)
A building permit application, properly prepared,
for all proposed buildings, improvements and alterations to existing
buildings on the premises, if any.
(12)
Each application shall be executed by and sworn
to under oath by the owner of the dwelling unit.
(13)
If the owner or authorized agent of a dwelling
unit resides or has his principal place of business located outside
the County of Suffolk, he is required to designate an agent who resides
in the County of Suffolk for the service of process of any notices
set forth in this article or for the service of process of a violation
of this article. The failure to provide the name and address of an
agent for service of process shall be deemed a violation of this article.
B.
A new application for a rental occupancy permit shall
be filed whenever a dwelling unit or portion thereof has become vacant
and the owner intends to permit a new tenant or other person to take
up residence. No additional fee will be required if the owner is registering
a change in tenancy only under an existing valid rental occupancy
permit.
C.
Each application for a rental occupancy permit shall
be accompanied by an affidavit, signed by each owner and tenant named
in the application, confirming that they have received copies of all
Town laws and ordinances affecting rentals, noise, vehicle parking
restrictions on residential lots and refuse disposal and agree to
abide by the same.
D.
Notwithstanding the above, no rental occupancy registration
or permit shall be required for a residential care facility established
under federal, New York State or Suffolk County guidelines or for
units where occupants are in an established care program.
No rental occupancy permit or renewal thereof
shall be issued under any application unless the property shall be
in compliance with all the provisions of the Code of the Town of Islip,
the laws and sanitary and housing regulations of the County of Suffolk
and the laws of the State of New York.
A.
The Code Enforcement Official shall review each rental
permit application for completeness and accuracy and shall make an
on-site inspection of the proposed rental dwelling unit or units.
B.
If satisfied that the proposed rental dwelling unit
or units, as well as the premises in which the same are located, comply
fully with all applicable state and local laws, ordinances, rules
and regulations of the county and town, and that such rental dwelling
unit or units would not create an unsafe or dangerous condition or
create an unsafe and substandard structure as defined in the Islip
Town Code or create a nuisance to nearby properties, the Code Enforcement
Official shall issue the rental occupancy permit or permits.
[Added 1-26-2010]
A.
Board intent and purpose. The Town Board hereby finds that carbon
monoxide. a colorless, odorless, poisonous gas produced by incomplete
burning of solid, liquid and gaseous fuels used to heat homes or to
operate motor vehicles, cook and produce heated water, presents a
danger to the health of Town of Islip residents. The Town Board further
finds that the loss of life caused by carbon monoxide poisoning is
preventable by the proper installation and use of carbon monoxide
alarms in rental dwellings.
B.
Carbon monoxide alarms required in rental dwellings.
(1)
Every rental dwelling, which contains a fuel-burning appliance
or equipment, which shall be defined as any appliance capable of burning
organic materials in accordance with this provision, shall have installed
and shall maintain, in good working condition, the required number
of carbon monoxide alarms, which shall have a battery backup if electrically
operated. Such carbon monoxide alarm may be combined with a smoke-detecting
device which complies with the New York State Uniform Fire Prevention
and Building Code.
(3)
Compliance with other standards. Each approved carbon monoxide
alarm shall comply with all applicable state, county and Town regulations,
shall bear the label of a nationally recognized standard testing laboratory,
and shall meet the standard of UL 2034 or its equivalent.
(4)
Rendering alarm inoperable prohibited. Except as herein provided,
it shall be prohibited to render an installed carbon monoxide alarm
inoperable by breaking such alarm, painting the exterior, taping over
the alarm, disabling the alarm, removing the battery or using any
other method which prevents such carbon monoxide alarm from operating
in the manner for which it was intended. This provision shall not
apply to the normal procedure of replacing batteries in such carbon
monoxide alarm.
C.
Duty of owner.
(1)
It shall be the duty of the owner of a rental dwelling to:
(a)
Provide and install operational carbon monoxide alarm(s) in
each rental dwelling as required that shall have a battery backup
if electrically operated.
(b)
As part of the rental permit application process, and in order
to receive or renew a rental permit, complete a Town of Islip carbon
monoxide detector certificate of installation and deliver the completed
certificate to the Town of Islip Code Enforcement Official, depending
upon the number of rental units prior to receiving or renewing a rental
permit.
(c)
Unless the owner submits to a physical inspection of the rental
dwelling(s), the owner must provide the Code Enforcement Official
with a completed and signed affidavit attesting to the installation
of the required carbon monoxide alarm(s).
(d)
The Code Enforcement Official may request to inspect a rental
dwelling for compliance at his discretion. Refusal to allow such an
inspection by the owner of such dwelling may form the basis to make
an application to a court of competent jurisdiction for a search warrant.
(e)
Provide the tenant(s) with a copy of the completed carbon monoxide
detector certificate of installation and/or the signed affidavit attesting
to the installation of the required carbon monoxide alarm(s).
(f)
Replace any carbon monoxide alarm that has been stolen, removed,
found missing or rendered inoperable within five days of receiving
notification from the occupant, as described in § 68-653D(1),
that said alarm has been stolen, removed, found missing or rendered
inoperable.
(g)
Any carbon monoxide alarm(s) must be replaced as per manufacturer's
specifications.
D.
Duty of occupant. It shall be the duty of the occupant of a rental
dwelling to:
E.
Severability.
(1)
If any clause, sentence, paragraph, section or part of this
local law shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the controversy and in which such judgment
shall have been rendered.
A.
All rental occupancy permits issued pursuant to this
article shall be valid for a period of two years from the date of
issuance.
B.
Renewals.
(1)
A renewal rental occupancy permit application signed
by the owner on a form provided by the Code Enforcement Official shall
be completed and filed with the Code Enforcement Official no later
than 60 days before the expiration of any prior valid rental occupancy
permit. A renewal rental occupancy permit application shall contain
a copy of the prior valid rental occupancy permit issued by the Code
Enforcement Official.
(2)
A renewal rental occupancy permit application shall
contain a signed sworn statement setting forth the following:
(a)
That there are no existing or outstanding violations
of any federal, state or county laws, rules or regulations or of any
Town of Islip local laws or ordinances pertaining to the property;
and
(b)
That there are no changes to any information
as provided on the prior valid rental occupancy permit registration
and application.
It shall be the duty of the Code Enforcement
Official to maintain a register of the rental occupancy permits issued
pursuant to this article. Such register shall be kept by Tax Map number,
license number, receipt number and street address showing the name
and address of the permittee, the number of rental dwelling units
at such street address, the number of rooms in each such rental dwelling
unit and the date that said rental occupancy permit expires for such
unit.
The Code Enforcement Official is authorized
to make, or cause to be made, inspections to determine the condition
of rental dwelling units to safeguard the health, safety and welfare
of the public. The Code Enforcement Official is authorized to enter,
upon consent of the owner if the unit is unoccupied, or upon consent
of the occupant if the unit is occupied, any rental dwelling unit
and the premises in which the same is located, at any reasonable time,
or at such other time as may be necessary in an emergency, without
consent of the owner, authorized agent and/or tenant for the purpose
of performing his duties under this article.
The Code Enforcement Official is authorized
to make application to any court of competent jurisdiction for the
issuance of a search warrant in order to conduct an inspection of
any premises covered by this article where the owner refuses or fails
to allow an inspection of its rental premises and where there is reasonable
cause to believe that a violation of this article has occurred. The
application for a search warrant shall in all respects comply with
the applicable laws of the State of New York.
Nothing in this article, except for provisions
concerning emergency inspections, shall be deemed to authorize the
Code Enforcement Official to conduct an inspection of any premises
subject to this article without the consent of the owner of the premises
and without a warrant duly issued by an appropriate court.
No change of occupancy or use shall be made
in a building hereafter erected or altered that is not consistent
with the last-issued certificate of occupancy for such building unless
a permit is secured. In the case of an existing building, no change
of occupancy that would bring it under some special provision of this
chapter shall be made unless the Code Enforcement Official, or his
designee, upon inspection, finds that such building conforms substantially
to the provisions of this chapter with respect to the proposed new
occupancy and use, and issues a certificate of occupancy therefor.
A.
Duty to keep frontage of dwelling unit property free
and clear of abandoned household contents and Town's authority to
remove. The owner, authorized agent, managing agent and/or occupant
of a dwelling unit which is or was being used as a rental dwelling
shall maintain such property frontage, including but not limited to
the front yard and/or the contiguous right-of-way, free of abandoned
household contents as defined in this article. In the event that abandoned
household contents as defined in this article are located upon or
contiguous with the frontage and/or abutting right-of-way of a lot
or parcel of land, for a period in excess of 48 hours, the Town is
hereby authorized, as provided for herein, to enter upon such property,
if necessary, to remove said abandoned household contents so located,
to assess the cost and expense of such undertaking against the property
and to establish a lien as herein provided.
B.
Inspection and report. Upon notification that abandoned household
contents are located on or along the property frontage of a rental
dwelling unit and/or the right-of-way contiguous thereto, the Code
Enforcement Official, the Commissioner of Public Works and/or their
agent may make an inspection thereof and report his findings concerning
the same to the Town Board.
[Amended 1-24-2017]
C.
Notice. If the Code Enforcement Official, the Commissioner of Public
Works and/or their agent shall find that abandoned household contents
are located on or contiguous to the frontage of rental dwelling unit
property, he may make an order, directing notice to be served upon
the owner of said property as appears in the records of the Receiver
of Taxes of the Town.
[Amended 1-24-2017]
D.
Contents of notice. The notice shall contain a general
description of the property, a statement of the particulars with regard
to the violative condition(s) existing at the rental dwelling unit
property and an order requiring that the abandoned household contents
existing on or contiguous with the property, and/or its frontage,
be removed. The notice shall specify a time, not less than 48 hours
after the service thereof, within which the owner served with such
notice shall complete the removal of the abandoned household contents
from the property or along the frontage or the contiguous right-of-way
as specified in the notice. The notice shall further state that, in
the event that the cited condition is not eliminated within the time
specified in the notice, the Town shall undertake to enter upon the
property, if necessary, to remove the abandoned household contents
and assess the cost of such removal against said property.
E.
Service of notice. The notice may be served either
personally or by certified mail, addressed to the last known address,
if any, of the owner as the same may appear on the records of the
Receiver of Taxes of the Town; provided, however, that if such service
is made by certified mail, a copy thereof shall also be posted on
the property where the abandoned household contents are located. Service
of the notice by mail and posting shall be deemed completed on the
day on which both the mailing and the posting will have been accomplished.
F.
Failure to comply. Upon failure of the owner of the
rental dwelling unit to comply with the notice within the time provided
therein, the Town shall provide such labor and materials as are necessary
for removing the abandoned household contents from said property or
its frontage or contiguous right-of-way and shall cause such work
to be performed as will remove the abandoned household contents from
the property.
G.
Assessment of costs and expenses. All costs and expenses incurred
by the Town in connection with the removal of the abandoned household
contents from said property or its frontage or contiguous right-of-way
shall be assessed against the subject land or lot. An itemization
of such costs shall be provided to the Town Board by the Code Enforcement
Official, the Commissioner of Public Works and/or their agent. The
total costs and expenses shall then be determined by the Town Board
and shall be reported to the Assessor of the Town as the amount to
be liened and assessed against the property, and the expense so assessed
shall constitute a lien and charge on the property on which it is
levied until paid or otherwise satisfied or discharged and shall be
collected in the same manner and at the same time as other Town charges.
[Amended 1-24-2017]
Under New York State Public Officers Law § 87(2)(b),
rental registration forms, and that portion of the rental occupancy
permit application required, shall be exempt from disclosure under
the Freedom of Information Law on the grounds that such disclosure
would constitute an unwarranted invasion of personal privacy. The
Code Enforcement Official will institute strict policies to ensure
that such information is available only to Town personnel who are
engaged in the enforcement of the provisions of this article.
[Amended 8-14-2007]
A.
It shall be unlawful and a violation of this article
for any person, broker or agent to list, repeatedly and/or knowingly
show or otherwise offer for lease, rent or sale on behalf of the owner
or authorized agent any dwelling unit which is, itself, a rental dwelling
or which contains a rental dwelling, for which a current rental occupancy
permit has not been issued by the Code Enforcement Official. It shall
be the person's, broker's or agent's duty to verify the existence
of a valid rental occupancy permit before listing, repeatedly and/or
knowingly showing or otherwise offering for lease, rent or sale any
such dwelling unit in the Town of Islip.
B.
It shall be unlawful and a violation of this article
for any person, broker or agent to cause an advertisement or solicitation
for a rental dwelling to be listed, placed, posted or submitted for
inclusion on any website, in the mass media, or in printed materials,
including flyers, without such person, broker or agent first verifying
the existence of a valid rental occupancy permit.
A.
It shall be presumed that a single- or one-family dwelling unit is occupied by more than one family if it contains more than one kitchen or if 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 Chapter 68 of the Code of the Town of Islip or any laws, codes, rules and regulations of the State of New York:
(1)
More than one mailbox, mail slot or post office address;
(2)
More than one doorbell or doorway on the same side
of the dwelling unit;
(3)
More than one gas meter;
(4)
More than one electric meter;
(5)
More than one connecting line for cable television
service;
(6)
More than one antenna, dish antenna or related receiving
equipment;
(7)
Separate entrances for segregated parts of the dwelling
unit, including but not limited to bedrooms;
(8)
Partitions or internal doors with locks which may
serve to bar access between segregated portions of the dwelling unit,
including but not limited to bedrooms;
(9)
Separate written or oral leases or rental arrangements,
payments or agreements for portions of the dwelling unit among its
owners and occupants;
(10)
The inability of any occupant to have lawful
access to all parts of the dwelling unit; or
(11)
A separate entrance leading directly to a separated
living space containing a bathroom.
B.
All of the foregoing may be rebutted by evidence presented
to the Code Enforcement Official or any court of competent jurisdiction.
A.
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.
(4)
Testimony by a witness that it is common knowledge
in the community that a person other than the owner resides in the
dwelling unit.
B.
All of the foregoing may be rebutted by evidence presented
to the Code Enforcement Official or any court of competent jurisdiction.
A.
It shall be presumed that an owner of a dwelling unit
does not reside within said dwelling unit if one or more of the following
sets forth an address which is different than that of the dwelling
unit:
B.
All of the foregoing may be rebutted by evidence presented
to the Code Enforcement Official or any court of competent jurisdiction.
[Amended 4-14-2009]
Any person, association, firm or corporation
who or which violates any provision of this article or assists in
the violation of any provision of this article shall be guilty of
a violation, punishable:
A.
By a fine of not less than $750 and not exceeding
$2,500 or by imprisonment for a period not to exceed 15 days, or both,
for conviction of a first offense.
B.
For any second conviction, committed within a period
of five years of the first conviction, such violation will be subject
to a fine of not less than $2,500 nor more than $5,000 or by imprisonment
for a period not to exceed 15 days, or both.
C.
For any third or subsequent offense, after having
been convicted two or more times within a period of five years, such
violation shall be prosecuted as an unclassified misdemeanor, with
a minimum fine of $5,000 and a maximum fine of $10,000 and/or a maximum
period of incarceration of one year.
This article shall be enforced by the Code Enforcement
Official as defined by this article.
If any clause, sentence, paragraph, section
or part of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, section or part thereof
directly involved in said judgment.§
