[HISTORY: Adopted by the Board of Trustees of the Village
of Island Park 12-14-2017 by L.L.
No. 32-2017. Amendments noted where applicable.]
It shall be the duty of the Building Inspector and he is hereby
given the power and authority to enforce the provisions of this chapter.
In all civil and criminal prosecutions brought for the enforcement
of this chapter in respect to nonpermitted occupancy of single- and
two-family dwellings, the following provisions shall apply:
A.
There shall be a rebuttable presumption 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.
B.
There shall be a rebuttable presumption 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.
C.
There shall be a rebuttable presumption 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,
except that this provision shall not apply in the case of any entrance
which was constructed prior to the effective date of this chapter.
D.
There shall be a rebuttable presumption that a two-family dwelling
which maintains any third or additional entrances 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, except that this provision shall not apply in the case
of any entrance which was originally constructed prior to the effective
date of this chapter.
E.
There shall be a rebuttable presumption that a dwelling which has
been advertised in any newspaper, magazine or local advertising publication
as being available for sale or rent, which advertisement essentially
provides that such dwelling contains more than one separate living
unit, or may be occupied by more than one separate family, is being
used as a dwelling containing the number of units or families set
forth in such advertisement.
F.
There shall be a rebuttable presumption that a dwelling is being
used as the residence of more than one family if any two or more of
the following are found to exist by the Building Inspector: more than
one mailbox, mail slot or post office address; more than one doorbell;
a written lease or leases, or oral rental agreements, or the payment
of rent, for a portion of the dwelling; a separate exterior entrance
to a cellar or basement; three or more vehicles registered to the
dwelling where each of the owners of the vehicles have different surnames;
utilities, such as telephone, television, electric or water services,
are billed to two or more persons with different surnames.
If any provision of this chapter shall be determined to be unconstitutional
or otherwise unenforceable, it shall not affect the constitutionality
or enforceability of the remaining provisions.
Nothing in this chapter shall be construed as lessening or modifying any other rights or prerogatives of the Building Inspector in the enforcement of the terms of Chapter 625, Zoning.
