A.
The Town Board has determined that there exist in the Town of Hempstead
serious conditions arising from rental of dwelling units that are
substandard or in violation of the Town Code, New York State Uniform
Fire Prevention and Building Code and Building Zone Ordinance, that
tend to overburden municipal services and to promote or encourage
deterioration of the housing stock of the Town. The Board finds that
new Code provisions will serve 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 enactment of the regulations set forth
in this article.
B.
The Town Board intends to preserve the health, safety and welfare
of residents within the jurisdictional limits of the Town of Hempstead
exclusive of its incorporated villages by establishing a permitting
system which will enhance the delivery of municipal services, such
as sanitation and code enforcement services, and emergency services
such as fire, water and police services when such services are needed,
and effectively aid in the maintenance of the peace and good order
and a tool for the establishment of efficient planning.
C.
The intent of this legislation is not to legalize the occupancy of
any structure that predates the year 1930 or possesses a letter in
lieu, nor is it an admission by the Town of Hempstead that said structures
are legally occupied or habitable.
D.
Nothing in this article shall be deemed to abolish, impair, supersede
or replace existing remedies of the Town, county or state, or extinguish
the requirements of any local law, rule or statute of any agency having
jurisdiction. In the case of a conflict between this article and other
regulations, the more stringent requirement shall prevail.
A.
Scope. This article shall apply to all rental dwelling units located
within the Town of Hempstead, 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:
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 Building Inspector I, Code Enforcement
Officer I, Code Enforcement Officer II, Code Enforcement Officer III,
Plan Examiner I, Plan Examiner II, Plan Examiner III, Plumbing Inspector
III, Assistant Supervisor of Inspection Services, Supervisor of Inspection
Services, Deputy Commissioner of Buildings, Commissioner of Buildings
of the Town of Hempstead, 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 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.
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.
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 without
separation created by key locks, partitions, or walls. 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
Nassau County Clerk. The person or entity in whose name the real property
is recorded in the office of the Nassau 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.
A rental dwelling or dwelling unit occupied 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 28 nights. For the
purposes of this article, the term "transient rental property" shall
mean all non-owner-occupied dwelling units rented for a period of
less than 28 nights and shall not include:
Properties used exclusively for nonresidential commercial purposes
in any zoning district; or
Any legally operating 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 business.
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.
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.
D.
No rental occupancy permit shall be granted to a transient rental
property.
E.
Rental occupancy permit fees. The owner of the rental dwelling unit
shall submit an application to maintain rental occupancy. Such application
shall be made upon forms to be furnished by the Town of Hempstead
Department of Buildings. The fee for a rental occupancy permit shall
be $500 for each property or structure containing one rental dwelling
unit, and there shall be assessed an additional fee of $200 for each
additional rental dwelling unit permit within the same property or
structure having the same ownership. The fees shall be as follows:
(1)
Each applicant shall remit, upon the submission of an application
under this article, a nonrefundable rental occupancy permit application
fee of $300 for each property or structure, which fee shall be reasonably
related to the administrative costs for registering and processing
the rental occupancy permit application form. Rental occupancy permit
application fees will not be accepted until the application is complete.
(2)
Once the application is approved, the initial application fee shall
be applied as credit to the rental occupancy permit fee of $500 for
each property or structure containing a single rental dwelling unit.
(3)
If a property or structure contains more than one rental dwelling
unit, each additional rental dwelling unit in that property or structure
shall be subject to a rental occupancy permit fee of $200.
(4)
If for any reason an application for a rental occupancy permit has
been denied, the fee collected will be applied towards the administrative
costs of maintenance and enforcement of this article.
(5)
The required renewal paperwork for a rental occupancy permit shall
be accompanied by the nonrefundable renewal application fee of $450;
the fee shall be reasonably related to the administrative costs for
processing the renewal of the rental occupancy permit and for the
costs of the Town in monitoring and inspecting the rental dwelling
unit. Each additional rental dwelling unit within the same structure,
having the same ownership shall require a renewal fee of $200. Rental
occupancy permit renewal fees will not be accepted until the application
is complete.
(6)
The renewal application fee, once the renewal is approved, shall
be applied as credit to the rental occupancy permit fee of $450 for
properties containing a single rental dwelling unit.
(7)
In the event any registration and permit, or renewal thereof, is
not obtained on or before the commencement of occupancy of a rental
dwelling unit, or such earlier act by any person or entity which would
require registration and a permit for such rental dwelling unit, a
late charge for such registration and permit, or renewal, shall be
paid, in addition to the required registration and permit fee, in
an amount equal to two times the fee, prorated for the length of time
of the overdue period.
A.
An application for a rental occupancy permit for a rental dwelling
unit shall be made in writing to the Building Department 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 Nassau 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)
A recent copy of the certified deed recorded with the office of the
Nassau County Clerk and real property tax bill, confirming the ownership
of record of the dwelling unit.
(8)
A copy of the certificate of occupancy or certificate of compliance
for the dwelling unit.
(9)
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 onsite vehicle parking facilities.
(10)
A building permit for all buildings, improvements, alterations,
and structures on the property, if any.
(11)
Each application shall be executed by and sworn to under oath
by the owner of the dwelling unit.
(12)
If the owner or authorized agent of a dwelling unit resides
or has his principal place of business located outside the County
of Nassau, he is required to designate an agent who resides in the
County of Nassau 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, address and contact number
of an agent for service of process shall be deemed a violation of
this article.
B.
Notwithstanding the above, no rental occupancy registration or permit
shall be required for a residential care facility established under
federal, New York State 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 Hempstead, the Building
Zone Ordinance of the Town of Hempstead, New York State Uniform Fire
Prevention and Building Code, the laws and sanitary and housing regulations
of the County of Nassau 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 Hempstead Town Code or
create a nuisance to nearby properties, the Commissioner of Buildings
Official shall issue the rental occupancy permit or permits. Notwithstanding
the foregoing, the Commissioner of Buildings may deny such registration
and permit, or renewal thereof, where there is an existing violation
of any provision of the Hempstead Town Code, Building Zone Ordinance
or New York State Uniform Fire Prevention and Building Code, at such
property which is reasonably related to the safe use and occupancy
of the property for residential purposes.
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 Hempstead 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, the Standard for Single and
Multiple Station Carbon Monoxide Alarms, 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 Hempstead
carbon monoxide detector certificate of installation and deliver the
completed certificate to the Town of Hempstead Code Enforcement Official,
depending upon the number of rental units prior to receiving or renewing
a rental permit.
(c)
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 § 99-17D(1), that said alarm has been stolen, removed, found missing or rendered inoperable.
(d)
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. If any clause, sentence, paragraph, section or part
of this article 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 Building Department shall be completed and
filed with the Building Department 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 Building Department.
(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 Hempstead 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.
(3)
The Code Enforcement Official shall review all paperwork submitted
with each renewal rental permit application for completeness and accuracy
and shall make an on-site inspection of the proposed rental dwelling
unit or units.
(4)
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 Hempstead Town Code or
create a nuisance to nearby properties, the Code Enforcement Official
shall renew the rental occupancy permit or permits.
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 Nassau County County Tax Map
designation (section, block and lot or lots), permit 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 certificate of
occupancy or last-issued certificate of completion 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 article shall be made unless the Code Enforcement Official,
or his designee, upon inspection, finds that such building conforms
substantially to the provisions of this article with respect to the
proposed new occupancy and use, and issues a certificate of occupancy
or a certificate of completion therefor.
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.
A.
It shall be unlawful and a violation of this article for any person,
entity, corporation, broker or agent to list, advertise, 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, entity's, corporations
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 or
dwelling unit in the Town of Hempstead.
B.
It shall be unlawful and a violation of this article for any person,
entity, corporation, broker, or agent to cause an advertisement or
solicitation for a rental dwelling or dwelling unit to be listed,
placed, posted or submitted for inclusion on any website, in the mass
media, or in printed materials, including flyers, handbill, mailed
circular, social media, bulletin board, sign or electronic media,
without such person, entity, corporation, broker or agent first verifying
the existence of a valid rental occupancy permit. Violation of this
section shall be unlawful and an offense within the meaning of the
Penal Law of the State of New York.
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 99 of the Code of the Town of Hempstead 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 data and/or 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.
Within the context of rental registration enforcement and prosecutions,
the presence or existence of any of the following shall create a rebuttable
presumption that a premises is being used as a rental occupancy:
(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 or she 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;
(5)
Persons residing in the dwelling unit represent that they pay rent
to the owner of the premises;
(6)
There are separate entrances for segregated parts of the dwelling;
(7)
There are partitions, key locks, or internal doors which may serve
to bar access between segregated portions of the dwelling, including
but not limited to bedrooms;
(8)
There exists a separate written or oral lease or rental arrangement,
payment or agreement for portions of the dwelling among its owner(s)
and/or occupants and/or persons in possession thereof;
(9)
Any occupant or person in possession thereof does not have unimpeded
and/or lawful access to all parts of the dwelling unit;
(10)
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 food and/or a refrigerator;
(11)
A premises has been advertised on the Internet, in any newspaper,
magazine, on a website, local advertising publication, or posted or
billed as being available for rent.
B.
Within the context of rental registration enforcement and prosecutions,
the presence or existence of any two of the following shall create
a rebuttable presumption that a premises is being used as a rental
occupancy:
(1)
There is more than one mailbox at the premises;
(2)
There is more than one gas meter at the premises;
(3)
There is more than one electric meter at the premises;
(4)
There is more than one doorbell at the premises;
(5)
There are three or more motor vehicles registered to the dwelling
and each vehicle owner has a different surname;
(6)
There are more than three waste receptacles, cans, containers, bags,
or boxes containing waste from the premises placed for pickup at least
twice during a weekly garbage pickup period; or
(7)
There is no electric meter annexed to the exterior of the premises.
D.
Nothing herein shall be construed to prevent persons living together
as a family unit, with the owner, as defined by this Code.
E.
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.
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 $1,000 and not exceeding $5,000 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 10 years
of the first conviction, such violation will be subject to a fine
of not less than $2,500 nor more than $10,000 or by imprisonment for
a period not to exceed 15 days, or both.
C.
For any third conviction, committed within a period of 10 years of
the first conviction, such violation will be subject to a fine of
not less than $5,000 nor more than $20,000 or by imprisonment for
a period not to exceed 15 days, or both.
D.
For any fourth or subsequent offense, after having been convicted
three or more times within a period of 10 years, such violation shall
be prosecuted as an unclassified misdemeanor, with a minimum fine
of $10,000 and a maximum fine of $30,000 and/or a maximum period of
incarceration of one year.
E.
Each day's continued violation shall constitute a separate additional
violation of this article.
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.
No violation of this article will be charged prior to August
1, 2017, and no violation of this article regarding failure to obtain
a permit will be charged against a person or entity which:
A.
Has filed the necessary application in proper form and in good faith,
with all required information and attachments, on or before August
1, 2017;
B.
Has consented to an inspection of the premises in question; and
C.
Has not received a final determination on the application, for reasons
over which the applicant has no control.
