[Added 9-28-2017 by L.L.
No. 23-2017]
The Village Board of Trustees hereby finds that there exist
in the Village of Manorhaven serious conditions arising from the rental
of dwelling units that are substandard, inadequate in size, overcrowded
and/or dangerous and/or are in violation of local and state law, and
that the rental of such dwelling units poses a significant threat
to life, limb and property of residents of the Village and others,
tends to promote and encourage deterioration of housing within the
Village, contributes to excessive vehicular traffic and parking problems
and overburdens and has a detrimental effect upon municipal services.
The Board finds that current Code provisions are inadequate to adequately
deter and/or eliminate the existence of such dwelling units and that
adequate legislation regulating these occupancies is required to promote
and preserve the public health, safety, welfare and good order and
governance of the Village. The enactment of the regulations set forth
in this article, which regulations are remedial in nature and effect,
shall have the effect of enhancing the public health, safety, welfare
and good order of the Village.
This article shall apply to all premises and dwelling units
within such premises located within the Village of Manorhaven, whether
or not the use and occupancy thereof shall be permitted under the
applicable use regulations for the zoning district in which such premises
or dwelling unit is located.
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 Village, county or state or existing
requirements of any other provision of local law or ordinance of the
Village or of the county or state. In situations where there is a
conflict between any provisions of this article and any applicable
state or local law, ordinance, code or regulation, the more restrictive
provision or requirement shall prevail.
It shall be unlawful to occupy or permit to be occupied or to
assist in the occupancy of a dwelling unit where the number of occupants
exceeds the permitted number of occupants.
A.
Presumptions of illegal occupancies in single family dwellings.
(1)
In all civil and criminal prosecutions brought for the enforcement
of Code provisions with respect to illegal occupancies, there shall
be a rebuttable presumption that a single-family dwelling unit is
occupied by more than one family if any one 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 the Code
of the Village of Manorhaven or any laws, codes, rules and regulations
of the State of New York:
(a)
There are separate entrances for segregated parts of the dwelling
unit;
(b)
There are partitions or internal door locks which may serve
to bar access between segregated portions of the dwelling unit, including
but not limited to bedrooms;
(c)
There are separate written or oral leases or rental arrangements,
payments or agreements for portions of the dwelling unit among its
owner(s) and/or occupants and/or persons in possession thereof;
(d)
Any occupant or person in possession thereof does not have unimpeded
and/or lawful access to all parts of the dwelling unit;
(e)
Two or more kitchens, each containing one or more of the following:
range, oven, hotplate, microwave or other similar device customarily
used for cooking or the preparation of food and/or a refrigerator;
(f)
A portion of the dwelling unit has been advertised or listed
with any newspaper, magazine, local advertising publication, internet
site, or real estate broker or agent as being available for sale or
rent, or has been verbally advertised as being available for rent.
(2)
In all civil and criminal prosecutions brought for the enforcement
of Code provisions with respect to illegal occupancies, there shall
be a rebuttable presumption that a single-family dwelling unit is
occupied by more than one family if any 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 the Code
of the Village of Manorhaven or any laws, codes, rules and regulations
of the State of New York:
(a)
There is more than one mailbox, mail slot or post office address
or any combination thereof;
(b)
There is more than one doorbell;
(c)
There is more than one gas, electric or water meter;
(d)
There is more than one connecting line for cable television
service;
(e)
Utilities, cable, phone or other services are in place or requested
to be installed or used at the premises in the name of someone other
than the record owner;
(f)
There is more than one antenna, dish antenna or related receiving
equipment;
(g)
There is any entrance that has not been set forth on plans approved
by the Building Department;
(h)
There are four or more motor vehicles registered to the dwelling
owned by persons with different surnames;
(i)
There are more than two waste receptacles, cans, containers,
bags, or boxes containing waste from the premises placed for pickup
at least twice during a thirty-day period; or
(j)
There is no electric meter annexed to the exterior of the premises.
B.
Presumptions of illegal occupancies in dwellings other than single-family
dwellings.
(1)
In all civil and criminal prosecutions brought for the enforcement
of Code provisions with respect to illegal occupancies, there shall
be a rebuttable presumption that a dwelling unit other than a single-family
dwelling unit is occupied by more than the permitted number of families
if any two or more of the following are found to exist on the premises
by the Code Enforcement Official authorized to enforce or investigate
violations of the Code of the Village of Manorhaven or any laws, codes,
rules and regulations of the State of New York:
(a)
The number of mailboxes, mail slots or post office addresses
exceeds the number of permitted families;
(b)
The number of doorbells or doorways exceeds the number of permitted
families;
(c)
The number of gas, electric or water meters exceeds the number
of permitted families;
(d)
The number of connecting lines for cable television service
exceeds the number of permitted families;
(e)
The number of antennas, dish antennas or related receiving equipment
exceeds the number of permitted families;
(f)
The number of kitchens, each containing one or more of the following:
a refrigerator, sink and/or range, oven, hotplate, microwave or other
similar device customarily used for cooking or the preparation of
food and/or a refrigerator, exceeds the number of permitted families;
and
(g)
The number of motor vehicles registered to persons with different
surnames exceeds three times the number of permitted families;
(h)
The number of entrances for segregated parts of the dwelling
unit exceeds the number of permitted families;
(i)
Partitions or internal door locks which may serve to bar access
between segregated portions of the dwelling unit, including but not
limited to bedrooms, exceeds the number of permitted families, less
one;
(j)
Separate written or oral leases or rental arrangements, payments
or agreements for portions of the dwelling unit(s) among its owner(s)
and occupants exceeds the number of permitted families;
(k)
The number of waste receptacles, cans, containers, bags, or
boxes containing waste from the premises placed for pickup at least
twice during a thirty-day period exceeds twice times the number of
permitted families; or
(l)
There is no electric meter annexed to the exterior of the premises.
C.
Owner's right to inspection and report upon demand. A person charged
with a violation of this article may demand an inspection by the Department
of Buildings of the subject premises to rebut any of the presumptions
hereunder. Such demand shall be in writing, addressed to the Building
Inspector. The Building Inspector shall prepare a report of the finding
of the inspection together with photographs, if appropriate.
D.
Presumptive evidence dwelling unit is rented. The presence or existence
of any of the following shall create a presumption that a dwelling
unit is rented:
(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 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.
E.
Presumptions rebuttable. Any and all of the presumptions raised by
proof of the existence of any such conditions as set forth in this
article may be rebutted, but only by evidence sufficient to meet the
burden of proof by clear and convincing evidence that such conditions
do not, in fact, exist or that such conditions or the dwelling unit
or the occupancy thereof, in fact, comply with the Code.
F.
Nothing herein shall be construed to prevent persons living together
with the owner as a family unit, as defined by the Code
A.
A violation of this article 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 violation of this article, the owner and any person who is
in charge of the subject property at the time of the violation shall
be liable for a fine of not less than $3,500 for the first violation;
for a second and any subsequent violation, the fine shall be no less
than $7,000.
C.
Each week that the violation continues to exist shall constitute
a separate and distinct violation.
A.
The Building Inspector and/or the Code Enforcement Officer shall
be responsible for investigating and documenting violations of any
case of illegal occupancy within the Village.
B.
Prosecutions for violations of this article may be instituted in
the Village Justice Court, the District Court of the County of Nassau
or any other court of competent jurisdiction.
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.
