The Town Board of the Town of Islip has determined that serious conditions exist in the Town of Islip arising from the rental of dwelling units that are substandard or in violation of the New York State Building Code, New York State Fire Code, New York State Fuel-Gas Code, New York State Residential Code, New York State Property Maintenance Code, New York State Plumbing Code, New York State Electrical Code, Multiple Residence Law, Building Rehabilitation Code, and other codes and ordinances of the Town, are inadequate in size and overcrowded, that such dwelling units pose hazards to the safety, well-being and property of residents of the Town and others, create blight and tend to promote and encourage deterioration of the housing stock of the Town, exacerbate vehicle traffic and parking problems and overburden municipal services. The Board finds that current Code provisions are inadequate 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 the enactment of the regulations set forth in this article, which regulations are remedial in nature and effect.
Scope. This article shall apply to all rental dwelling units located within the Town of Islip, 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.
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.
- ABANDONED HOUSEHOLD CONTENTS
- Furniture, furnishings, housewares, appliances and other personal property customarily found in and used in residential dwellings, which are deposited at or along said dwelling's street frontage, in part or in whole, pursuant to a duly executed warrant of eviction by legally authorized law enforcement officers and/or personnel.
- 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.
- APARTMENT HOUSE OR GARDEN APARTMENT
- 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.
- AUTHORIZED AGENT
- 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.
- CODE ENFORCEMENT OFFICIAL
- 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 the Building Inspector, Chief Building Inspector, Principal Building Inspectors, Senior Building Inspector, Building Permits Coordinator, Zoning Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator. Senior Town Investigator or Ordinance Inspector of the Town of Islip, 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.
- DWELLING, MULTIPLE
- 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.
- DWELLING, TWO-FAMILY
- A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other.
- DWELLING UNIT
- 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.
- 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.
- A. In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:
- (1) The group is one which in structure and function resembles a traditional family unit; and
- (2) The occupants must share the entire single- or one-family dwelling unit and live and cook together as a single housekeeping unit. 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
- (3) The occupants share expenses for food, rent, ownership costs, utilities and other household expenses; and
- (4) The occupancy is permanent and stable. Evidence of such permanence and stability includes, but is not limited to:
- (a) The presence of minor children regularly residing in the household who are enrolled in local schools;
- (b) 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;
- (c) Members of the household are employed in the area;
- (d) 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.
- (e) Common ownership of furniture and appliances among the members of the household; and
- (f) 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.
- MANAGING AGENT
- 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.
- NEW PERMIT
- 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 Suffolk County Clerk. The person or entity in whose name the real property is recorded in the Office of the Suffolk County Clerk shall be presumed to be the owner thereof.
- RENEWAL RENTAL OCCUPANCY PERMIT
- 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.
- RENTAL DWELLING
- A dwelling unit established, occupied, used or maintained for rental occupancy.
- 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.
- RENTAL OCCUPANCY PERMIT
- 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. A rental dwelling occupied as a home or residence 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 14 nights. For the purposes of this chapter, the term "transient rental property" shall mean all non-owner-occupied dwelling units rented for a period of less than 14 nights and shall not include:
- (1) A dwelling unit lawfully and validly permitted as an accessory apartment in accordance with § 68-602 of the Code of the Town of Islip; or
- (2) Properties used exclusively for nonresidential commercial purposes in any zoning district; or
- (3) Any legally operating hotel/motel business or bed-and-breakfast establishment 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.
- (4) A dwelling unit located on Fire Island.
- B. Presumption of dwelling unit as transient rental property.
- (1) The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property:
- (2) The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Official that the dwelling unit is not a transient rental property.
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.
A rental occupancy permit issued under this article shall only be issued to the owner(s) of the real property at issue.
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.
No rental occupancy permit shall be granted to a transient rental property.
An application for a rental occupancy permit for a rental dwelling unit shall be made in writing to the Code Enforcement Official on a form provided therefor. Such application shall be filed and shall include the following:
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.
Proof of residency of each owner.
The street address and Suffolk 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.
A description of the structure, including the number of rental dwelling units in the structure.
A floor plan depicting the location, use and dimension of each room situated within the dwelling unit.
The number of persons intended to be accommodated by, and to reside in, each such rental dwelling unit.
The name of each person that is and/or will be occupying the premises intended for rental occupancy. The name of each person that is and/or will be occupying the premises intended for rental occupancy shall not be required if:
The rental dwelling unit only operates during a one-hundred-fifty-day period in the months of May, June, July, August and September and the person that is or will be occupying said rental dwelling unit shall not be occupying such rental dwelling unit for more than 30 consecutive days; or
Said rental dwelling unit is a commercial 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 operation. For the purposes of this article, a "short duration" shall be defined as not more than 21 consecutive days.
A copy of the most recent deed and real property tax bill, confirming the ownership of record of the dwelling unit.
A copy of the certificate of occupancy or certificate of compliance for the dwelling unit.
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 on-site vehicle parking facilities.
A building permit application, properly prepared, for all proposed buildings, improvements and alterations to existing buildings on the premises, if any.
Each application shall be executed by and sworn to under oath by the owner of the dwelling unit.
If the owner or authorized agent of a dwelling unit resides or has his principal place of business located outside the County of Suffolk, he is required to designate an agent who resides in the County of Suffolk 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 and address of an agent for service of process shall be deemed a violation of this article.
A new application for a rental occupancy permit shall be filed whenever a dwelling unit or portion thereof has become vacant and the owner intends to permit a new tenant or other person to take up residence. No additional fee will be required if the owner is registering a change in tenancy only under an existing valid rental occupancy permit.
Each application for a rental occupancy permit shall be accompanied by an affidavit, signed by each owner and tenant named in the application, confirming that they have received copies of all Town laws and ordinances affecting rentals, noise, vehicle parking restrictions on residential lots and refuse disposal and agree to abide by the same.
Notwithstanding the above, no rental occupancy registration or permit shall be required for a residential care facility established under federal, New York State or Suffolk County 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 Islip, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York.
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.
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 Islip Town Code or create a nuisance to nearby properties, the Code Enforcement Official shall issue the rental occupancy permit or permits.
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 Islip 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.
Carbon monoxide alarms required in rental dwellings.
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.
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 or its equivalent.
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.
Duty of owner.
It shall be the duty of the owner of a rental dwelling to:
Provide and install operational carbon monoxide alarm(s) in each rental dwelling as required that shall have a battery backup if electrically operated.
As part of the rental permit application process, and in order to receive or renew a rental permit, complete a Town of Islip carbon monoxide detector certificate of installation and deliver the completed certificate to the Town of Islip Code Enforcement Official, depending upon the number of rental units prior to receiving or renewing a rental permit.
Unless the owner submits to a physical inspection of the rental dwelling(s), the owner must provide the Code Enforcement Official with a completed and signed affidavit attesting to the installation of the required carbon monoxide alarm(s).
The Code Enforcement Official may request to inspect a rental dwelling for compliance at his discretion. Refusal to allow such an inspection by the owner of such dwelling may form the basis to make an application to a court of competent jurisdiction for a search warrant.
Provide the tenant(s) with a copy of the completed carbon monoxide detector certificate of installation and/or the signed affidavit attesting to the installation of the required carbon monoxide alarm(s).
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 § 68-653D(1), that said alarm has been stolen, removed, found missing or rendered inoperable.
Any carbon monoxide alarm(s) must be replaced as per manufacturer's specifications.
Duty of occupant. It shall be the duty of the occupant of a rental dwelling to:
If any clause, sentence, paragraph, section or part of this local law 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.
All rental occupancy permits issued pursuant to this article shall be valid for a period of two years from the date of issuance.
A renewal rental occupancy permit application signed by the owner on a form provided by the Code Enforcement Official shall be completed and filed with the Code Enforcement Official 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 Code Enforcement Official.
A renewal rental occupancy permit application shall contain a signed sworn statement setting forth the following:
That there are no existing or outstanding violations of any federal, state or county laws, rules or regulations or of any Town of Islip local laws or ordinances pertaining to the property; and
That there are no changes to any information as provided on the prior valid rental occupancy permit registration and application.
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 Tax Map number, license number, receipt 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 last-issued certificate of occupancy 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 chapter shall be made unless the Code Enforcement Official, or his designee, upon inspection, finds that such building conforms substantially to the provisions of this chapter with respect to the proposed new occupancy and use, and issues a certificate of occupancy therefor.
Duty to keep frontage of dwelling unit property free and clear of abandoned household contents and Town's authority to remove. The owner, authorized agent, managing agent and/or occupant of a dwelling unit which is or was being used as a rental dwelling shall maintain such property frontage, including but not limited to the front yard and/or the contiguous right-of-way, free of abandoned household contents as defined in this article. In the event that abandoned household contents as defined in this article are located upon or contiguous with the frontage and/or abutting right-of-way of a lot or parcel of land, for a period in excess of 48 hours, the Town is hereby authorized, as provided for herein, to enter upon such property, if necessary, to remove said abandoned household contents so located, to assess the cost and expense of such undertaking against the property and to establish a lien as herein provided.
Inspection and report. Upon notification that abandoned household contents are located on or along the property frontage of a rental dwelling unit and/or the right-of-way contiguous thereto, the Code Enforcement Official, the Commissioner of Public Works and/or their agent may make an inspection thereof and report his findings concerning the same to the Town Board.
Notice. If the Code Enforcement Official, the Commissioner of Public Works and/or their agent shall find that abandoned household contents are located on or contiguous to the frontage of rental dwelling unit property, he may make an order, directing notice to be served upon the owner of said property as appears in the records of the Receiver of Taxes of the Town.
Contents of notice. The notice shall contain a general description of the property, a statement of the particulars with regard to the violative condition(s) existing at the rental dwelling unit property and an order requiring that the abandoned household contents existing on or contiguous with the property, and/or its frontage, be removed. The notice shall specify a time, not less than 48 hours after the service thereof, within which the owner served with such notice shall complete the removal of the abandoned household contents from the property or along the frontage or the contiguous right-of-way as specified in the notice. The notice shall further state that, in the event that the cited condition is not eliminated within the time specified in the notice, the Town shall undertake to enter upon the property, if necessary, to remove the abandoned household contents and assess the cost of such removal against said property.
Service of notice. The notice may be served either personally or by certified mail, addressed to the last known address, if any, of the owner as the same may appear on the records of the Receiver of Taxes of the Town; provided, however, that if such service is made by certified mail, a copy thereof shall also be posted on the property where the abandoned household contents are located. Service of the notice by mail and posting shall be deemed completed on the day on which both the mailing and the posting will have been accomplished.
Failure to comply. Upon failure of the owner of the rental dwelling unit to comply with the notice within the time provided therein, the Town shall provide such labor and materials as are necessary for removing the abandoned household contents from said property or its frontage or contiguous right-of-way and shall cause such work to be performed as will remove the abandoned household contents from the property.
Assessment of costs and expenses. All costs and expenses incurred by the Town in connection with the removal of the abandoned household contents from said property or its frontage or contiguous right-of-way shall be assessed against the subject land or lot. An itemization of such costs shall be provided to the Town Board by the Code Enforcement Official, the Commissioner of Public Works and/or their agent. The total costs and expenses shall then be determined by the Town Board and shall be reported to the Assessor of the Town as the amount to be liened and assessed against the property, and the expense so assessed shall constitute a lien and charge on the property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
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.
It shall be unlawful and a violation of this article for any person, broker or agent to list, 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, 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 unit in the Town of Islip.
It shall be unlawful and a violation of this article for any person, broker or agent to cause an advertisement or solicitation for a rental dwelling to be listed, placed, posted or submitted for inclusion on any website, in the mass media, or in printed materials, including flyers, without such person, broker or agent first verifying the existence of a valid rental occupancy permit.
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 68 of the Code of the Town of Islip or any laws, codes, rules and regulations of the State of New York:
More than one mailbox, mail slot or post office address;
More than one doorbell or doorway on the same side of the dwelling unit;
More than one gas meter;
More than one electric meter;
More than one connecting line for cable television service;
More than one antenna, dish antenna or related receiving equipment;
Separate entrances for segregated parts of the dwelling unit, including but not limited to bedrooms;
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;
Separate written or oral leases or rental arrangements, payments or agreements for portions of the dwelling unit among its owners and occupants;
The inability of any occupant to have lawful access to all parts of the dwelling unit; or
A separate entrance leading directly to a separated living space containing a bathroom.
The presence or existence of any of the following shall create a presumption that a dwelling unit is rented:
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 resides at an address other than the dwelling unit in question.
Persons residing in the dwelling unit represent that they pay rent to the owner of the premises.
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.
Testimony by a witness that it is common knowledge in the community that a person other than the owner resides in the dwelling unit.
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:
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:
By a fine of not less than $750 and not exceeding $2,500 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.
For any second conviction, committed within a period of five years of the first conviction, such violation will be subject to a fine of not less than $2,500 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or both.
For any third or subsequent offense, after having been convicted two or more times within a period of five years, such violation shall be prosecuted as an unclassified misdemeanor, with a minimum fine of $5,000 and a maximum fine of $10,000 and/or a maximum period of incarceration of one year.
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.§