[HISTORY: Adopted by the Board of Trustees of the Village
of Sleepy Hollow 3-23-2010 by L.L. No. 5-2010 (Ch. 32 of the 1965
Code). Amendments noted where applicable.]
In all civil and criminal prosecutions brought for the enforcement
of this Code's provisions with respect to the illegal use of
any building for residential purposes or the illegal residential occupancy
of any dwelling or dwelling unit by more families than the number
of families permitted for such dwelling or dwelling unit under this
Code, the following rebuttable presumptions shall apply:
A.
That any detached dwelling or dwelling unit which maintains more
than one mailbox or mail receptacle, more than one gas meter, more
than one electric meter, and/or more than one water meter is being
used as the residence of two or more families.
B.
That any detached dwelling or dwelling unit which maintains more
than two mailboxes or mail receptacles, more than two gas meters,
more than two electric meters and/or more than two water meters is
being used as the residence of three or more families.
C.
That any detached dwelling or dwelling unit which maintains any entrance
or entrances thereto, which entrance or entrances have not been set
forth on any plans approved by and on file with the Department of
Architecture, Land Use Development, Buildings and Building Compliance,
is being used as the residence of two or more families.
D.
That any detached dwelling or dwelling unit which maintains any third
or additional entrances thereto, which entrance or entrances have
not been set forth on any plans approved by and on file with the Department
of Architecture, Land Use Development, Buildings and Building Compliance,
is being used as the residence of three or more families.
E.
That any building which has been advertised in any newspapers, magazines,
or advertising publications as being available for sale or rent for
residential purposes, in whole or in part, which advertisement expressly
or implicitly provides that such building or the dwellings or dwelling
units therein contain rooms for rent, contain 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.
F.
That any dwelling or dwelling unit which maintains two or more doorbells
is being used as a dwelling for the same number of families as there
are doorbells.
G.
That any single-family dwelling or dwelling unit at which there are
the following is being used for two or more families:
(1)
Permanent partitions or internal doors which have not been set forth
on any plans approved by and on file with the Department of Architecture,
Land Use Development, Buildings and Building Compliance, 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; and/or
(2)
Two or more kitchens which have not been set forth on any plans approved
by and on file with the Department of Architecture, Land Use Development,
Buildings and Building Compliance, each containing one or more of
the following: a range, oven, microwave, or other similar device customarily
used for cooking or preparation of foods.
H.
That any two-family dwelling units at which there are the following
is being used for three or more families:
(1)
Permanent partitions or internal doors which have not been set forth
on any plans approved by and on file with the Department of Architecture,
Land Use Development, Buildings and Building Compliance, which may
serve to bar access between three or more segregated portions of the
dwelling, including but not limited to bedrooms; and/or
(2)
Three or more kitchens which have not been set forth on any plans
approved by and on file with the Department of Architecture, Land
Use Development, Buildings and Building Compliance, each containing
one or more of the following: a range, oven, microwave, or other similar
device customarily used for cooking or preparation of foods.
The rebuttal of the aforesaid presumptions shall be an affirmative defense by the defendant that, notwithstanding the existence of such conditions, once such conditions have proven to the court, the subject building is not being used as a dwelling or the subject dwelling is not being used for more families than permitted under Chapter 450, Zoning, of the Code of the Village of Sleepy Hollow.
A person charged with a violation of this Code as described
herein may demand an inspection of the subject building or dwelling
by the Department of Architecture, Land Use Development, Buildings
and Building Compliance to rebut such presumption. Such demand shall
be in writing addressed to the Department of Architecture, Land Use
Development, Buildings and Building Compliance. The Department inspector
shall prepare a report of the findings of the inspection together
with photographs, if appropriate.
A.
Notwithstanding any provision of this Code inconsistent herewith,
for each code violation involving an illegal residential occupancy
or an over-occupancy of a dwelling or dwelling unit, the owner and
any person who is in charge of the subject building, dwelling, or
dwelling unit at the time of the violation shall be liable to a fine
of not less than $1,000 nor more than $3,500 for the first violation;
for a second and any subsequent violation, the fine shall be not less
than $5,000 nor more than $7,500.
B.
Each day that a violation continues to exist shall constitute a separate
and distinct violation.
