[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa
Park 3-25-1996 as L.L. No. 4-1996; amended in its entirety 5-13-1996 by L.L.
No. 6-1996. Subsequent amendments noted where applicable.]
The Village of Massapequa Park finds that unlawful multiple-family occupancies
of dwellings in the Village of Massapequa Park has been facilitated by the
installation of separate electric, gas or water meters for the additional
families. The Board of Trustees wants to limit the number of electric, gas
or water meters in single-family dwellings to one (1).
A.
No dwelling which may be lawfully occupied by only one (1) family in accordance with § 345-16 of the Massapequa Park Code shall have more than one (1) electric, gas or water meter located therein or elsewhere on the property so as to service such dwelling. The occupancy of any dwelling shall presumptively be limited to one (1) family unless a conditional use permit has been granted by the Village of Massapequa Park. A dwelling for which a conditional use permit has been granted for use as a mother-daughter residence shall be treated as a one-family dwelling.
B.
Any person that configures or reconfigures the electric
wiring, gas piping or water hookup to facilitate the installation of a second
or third or additional meter at any dwelling and any public utility that installs
a second or third or additional meter shall provide written notification to
the Building Department of the Incorporated Village of Massapequa Park of
such configuration or reconfiguration or installation within fifteen (15)
days of such work, including in such notification information as to the type
of meter, the name of the applicant for the meter and the address of the dwelling
at which the work has been performed.
C.
Requests for additional meters.
(1)
Any person making request for more than one (1) electric,
gas or water meter shall, at the time of his or her request, submit an affidavit
signed by all the owners of the property with their signatures duly notarized
before a notary public, permitting the Incorporated Village of Massapequa
Park to make physical inspection or inspections of the interior and exterior
portions of the real property as to the compliance with this chapter and other
applicable local laws of the village as to the occupancy of persons residing
in said premises. The owners of the property agree that the right of inspection
shall be binding on each and every owner of the property and any assigns or
successors in interest, including administrators and executors.
(2)
At the time of the request by the owners of the property
to the village, the last recorded original deed or a certified copy of said
deed in reference to the subject real property in question shall be furnished
by the owners of said real property, together with the request to the village.
The request shall be signed by all the owners of the real property, together
with a sworn statement that no subsequent transfer of the real property has
been made from the date of the original deed or certified copy of the deed
being furnished to the village.
(3)
Color photographs of all of the owners of the real property
in question shall be submitted by the owner or owners of the real property,
together with the request to the village.
D.
The owner of any dwelling at which an electric, gas or
water meter is installed subsequent to the effective date of this chapter
in violation of any section of this chapter shall be liable for the penalties
for violation of the terms and provisions hereof for each week that the nonconforming
meter remains in use after the Building Department has sent to the owner a
notice of violation of this chapter.
E.
Any person subject to this chapter may seek exemption for good cause from the requirements of this chapter by making request to the Village Zoning Board of Appeals. If the Zoning Board of Appeals finds that compliance with this section would cause undue hardship or undue expense even with the dwelling in question being occupied in accordance with the requirements of § 345-16 of the Massapequa Park Code, it may grant an exemption.
