§ 2-130. Legislative intent.

A. 

The Town Board has determined that the Town of North Hempstead faces serious conditions arising from a proliferation of illegal housing, meaning residential dwelling units that are occupied in violation of the Town's Zoning Code. Most typically, these are additional dwelling or rooming units in a building that is approved for one-family or two-family use.

B. 

The Town Board has further determined that illegal housing presents fire, health and safety risks to the occupants and to neighbors, that the additional residents in a neighborhood zoned for one- or two-family homes has a deleterious effect on the quality of life of the neighbors by increasing traffic and noise. Frequently, the illegal housing and illegal occupancy creates severe parking shortages in neighborhoods. Illegal housing and illegal occupancy increase demand on Town services beyond what is expected for a one- or two-family residential neighborhood and contribute to the costs of Town taxpayers by increasing the generation of garbage and sewage. Illegal housing and illegal occupancy also contribute to overcrowding in schools, parks and other public services.

C. 

By their nature, illegal dwelling units or rooming units generally escape taxation as their existence is normally hidden and the value of the illegal tenancies is not captured for tax assessment purposes.

D. 

The Town Board declares its purpose in adopting this legislation is to counter a situation which is harmful to the public health, safety and welfare. The Town Board declares its intention that this legislation be liberally construed and, further, declares its belief that every purchaser of real property in the past, present or future was, is and shall be obliged to comply with the legal occupancy level of the residence. No owner can excuse an illegal occupancy or rooming unit because the illegal conversion may have been made by a prior owner or operator.

E. 

The Town Board finds that the inclusion of rebuttable presumptions, which have been upheld against constitutional challenge, will assist the Town within the context of enforcement and prosecution of illegal use and occupancy.

F. 

The Town Board further finds that these code provisions will serve to aid in halting 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.