[Added 3-15-2004 by L.L. No. 2-2004]

The Board of Trustees has found that there are instances in the Village of owners of residential properties exploiting their buildings by creating 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.

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 three-family dwelling, the following rebuttable presumptions shall apply:

(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.

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. A violation of a Code provision involving nonpermitted occupancy of a single or two-family dwelling is a "violation," as that term is defined in the New York State Penal Law.

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 three-family 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 $3,500 for the first violation; for a second and any subsequent violation, the fine shall be $2,000. [Amended 12-6-2004 by L.L. No. 5-2004]

C. Each week that the violation continues to exist shall constitute a separate and distinct violation.

A. 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.

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.