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In all civil and criminal prosecutions brought for the enforcement of the provisions of the Uniform Code, the State Energy Code, and the laws of the State of New York, the laws of the County of Westchester and the Village of Ossining Code with respect to the illegal use of any building for residential purposes or the illegal residential occupancy of any dwelling or dwelling unit by more families than the number of families permitted for such dwelling or dwelling units pursuant to code, the following rebuttable presumptions shall apply:
A. 
That any detached dwelling or dwelling unit which maintains more than one mailbox or mail receptacle, more than one gas meter, more than one electric meter, and/or more than one water meter is being used as the residence for two or more families.
B. 
That any detached dwelling or dwelling unit which contains two or more mailboxes or mail receptacles, more than two gas meters, more than two electric meters and/or more than two water meters is being used as the residence for three or more families.
C. 
That any detached dwelling or dwelling unit which maintains any entrance or entrances thereto, which entrance or entrances have not been set forth on any plans approved by and on file with the Building Department is being used as the residence of two or more families.
D. 
That any detached dwelling or dwelling unit which maintains any third or additional entrances thereto, which entrance or entrances have not been set forth on any plans approved by and on file with the Building Department, is being used as the residence of three or more families.
E. 
That any single-family dwelling or dwelling unit where the following are present is being used for two or more families:
(1) 
Permanent partitions or internal doors which are not on any plans approved by and on file with the Building Department, which partitions or internal doors may serve to bar access between portions of the dwelling, including but not limited to bedrooms, or the inability of any occupant or person in possession to have unimpeded and/or lawful access to all parts of the dwelling unit; and/or
(2) 
Two or more kitchens which are not on any plans approved by and on file with the Building Department, each kitchen containing one or more ranges, ovens, microwaves or similar devices used for cooking or preparation of foods.
F. 
That any two-family dwelling units where the following are present are being used for three or more families:
(1) 
Permanent partitions or internal doors which are not on any plans approved by and on file with the Building Department, which partitions or internal doors may serve to bar access between three or more segregated portions of the dwelling, including but not limited to bedrooms; and/or
(2) 
Three or more kitchens which are not on any plans approved by and on file with the Building Department, each kitchen containing one or more ranges, ovens, microwaves or similar devices used for cooking or preparation of foods.
Nothing in this chapter shall be construed to require an owner to consent to an inspection of a building or structure in order to determine compliance with applicable Code provisions. However, nor shall this chapter be construed as relieving the obligation of an owner to apply for and secure where applicable a building permit, certificate of occupancy, certificate of compliance, temporary certificate of occupancy, or operating permit for the premises. When applying for such permits or certificates requiring inspections, an owner shall have the right to decline to consent to the inspection. In such instance, the Village may, without further notice to the applicant, apply for a search warrant to conduct the inspection. However, if the premises are occupied, notice to the occupant or other person with apparent right of possession in accordance with the procedure outlined in this chapter shall be required.
A. 
Before an application may be made for a search warrant Code Enforcement personnel must give prior notice of his or her intent to conduct an inspection to the occupant or other person with apparent right of possession. No notice is required to an applicant who has declined to consent to an inspection. No further notice is required before additional warrants are sought to inspect a premises, including warrants to reinspect a premises if cited violations have been corrected, or additional warrants are necessitated by the expiration of a warrant before an inspection could be completed.
B. 
The notice of intent to conduct an inspection shall contain the following:
(1) 
The date and time at which the designated Code Enforcement personnel will be present to conduct the inspection;
(2) 
Instructions on how to reschedule the inspection to another date and time by contacting the Building Department before the stated date of inspection;
(3) 
Notice that if the inspection is not allowed to be conducted, the Village reserves its right to make an application to a court of competent jurisdiction for a search warrant to so inspect; and
(4) 
Notice that a tenant may be protected against retaliation by the lessor for making a good faith complaint of code violations pursuant to § 223-b of the New York State Real Property Law.
C. 
The notice of intent to conduct an inspection must be sent either by first-class mail or personally delivered to the occupant or person with apparent right of possession. The notice shall be addressed to the occupant(s) of record if the names are provided to the Village by the owner in writing, otherwise notice shall be sufficient if addressed to the occupant of a particular unit.
A. 
Code Enforcement Personnel may make an application for a search warrant after notice of intent to conduct an inspection has been given or if the person notified does not allow, fails to schedule or unduly delays or hinders the inspection.
B. 
The application for a warrant shall be in writing and contain the following information:
(1) 
The name of the court to which it is addressed;
(2) 
The name(s) of the Code Enforcement personnel applying for the warrant;
(3) 
The date of the making of the application;
(4) 
Indicate that an inspection is required under this chapter along with the specific permit or certificate requested;
(5) 
Describe the limited nature and purpose of the inspection and the manner in which the inspection is to be conducted;
(6) 
Identify the premises to be entered and inspected in sufficient detail and particularity so that Code Enforcement personnel executing the warrant may readily ascertain the premises;
(7) 
For cases where prior notice of intent to conduct an inspection is required, the application should contain specific information showing how and when the notice was given and how the inspection has not been allowed, has not been scheduled or has been unduly delayed or hindered by the person notified;
(8) 
Request that the court issue a warrant directing an inspection of the subject premises for civil enforcement purposes only which may include the photographing or recording of the physical conditions found on the property, subject to such limitations and restrictions as may be provided by the court; and
(9) 
The application shall be subscribed and sworn to by the applicant before a Commissioner of Deeds or a notary public.
A. 
In executing the inspection search warrant, Code Enforcement personnel authorized by the court to execute the warrant shall, before entry, make a reasonable effort to present his/her credentials, authority and purpose to an occupant or person in possession of the premises designated in the warrant and deliver a copy of the warrant to such person.
B. 
When authorized in the warrant, a police officer may provide protection to the Code Enforcement personnel during the execution of the warrant. Absent such authorization, a police officer shall not accompany the Code Enforcement personnel and designated surveyors during the inspection of the interior portions of a building not open to the public.
C. 
A warrant shall be executed within the time specified in the warrant.
It shall be unlawful for any person to willfully deny or unduly delay entry or access to designated Code Enforcement personnel with a search warrant authorizing inspection of said premises, to willfully deny or interfere with the inspection authorized by the warrant, or after receiving a copy of a warrant regarding the scheduling of an inspection, to willfully fail to schedule a reasonable date and time for the inspection as set forth in the warrant. Any person who violates this section shall be subject to an application to be found in contempt of court pursuant to Article 19 of the Judiciary Law and punishment as provided therein.
Upon written demand of the property owner, the Building Inspector shall have the premises inspected at a mutually convenient date and time. A report of the inspection shall be provided to the owner.
A. 
Upon conviction for each code violation involving an illegal residential occupancy or an over-occupancy of a dwelling or dwelling unit, the owner of the premises shall be liable for a fine of not less than $2,000 nor more than $4,000 for the first offense; not less than $4,000 nor more than $8,000 for a second offense within 12 months of the first offense; and not less than $8,000 nor more than $16,000 for a third and subsequent offenses within 12 months of the first offense.
B. 
Every violation shall be a separate and distinct offense. Where the violation is found to continue, every day thereof shall be separate and distinct offense.
C. 
Loss of profit. If a person has gained a profit through an illegal residential occupancy or an over-occupancy of a dwelling or dwelling unit, then the court, in lieu of imposing the penalty authorized for the offense under Subsection A of this section, may sentence the defendant to pay an amount, fixed by the court, not exceeding double the amount of the defendant's gain from commission of the offense. The court shall make a finding after a hearing as to the amount of the profit gained by defendant's conduct.
D. 
Civil penalties. In addition to those penalties prescribed in state law and in this section, any owner who has been convicted of maintaining an illegal residential occupancy or over-occupancy of a dwelling or dwelling unit, shall be liable to pay a civil penalty of not more than $2,000 for each day or part thereof during which the violation continues. The civil penalties provided by this subsection shall be recoverable in an action brought by the Village of Ossining. Any person or entity that violates this section shall be liable for all reasonable attorneys' fees, costs and disbursements incurred by the Village to recover this civil penalty. In such proceeding, the Village shall be entitled to recover interest, costs, and disbursements incurred in connection with the proceeding and in addition to reasonable attorneys' fees, to recover expenditures for consultants retained by the Village.